UNIVERSITY  OF  ILLINOIS 

FEB  8  1991 

LAW  LIBRARY 


HOW  TO  BE 


YOUR  OWN  LAWYER. 


A  COMPLETE 

INSTRUCTOR  FOR  EVERYBODY  IN  ALL  THE  ORDINARY 
LEGAL  AFFAIRS  OF  LIFE. 

ADAPTED  TO 

EVERY  STATE  AND  TERRITORY. 

PLAIN  AND  CONCISE  DIRECTIONS  ARE  GIVEN  AND  FORMS 
FURNISHED  FOR  THE  TRANSACTION  OF 

ALL  KINDS  OF  BUSINESS, 

AND  THE  PREPARATION  OF 

EVERY  DESCRIPTION  OF  LEGAL  DOCUMENT  IN  COMMON  USE . 
SUCH  AS  AGREEMENTS ,  BONDS ,  DEEDS ,  LEASES , 
MORTGAGES ,  WILLS \  ETC . 

ALSO, 

A  DICTIONARY  OF  LEGAL  TERMS  AND  TABLES  FOR  THE 
COMPUTATION  OF  INTEREST  AND  FOR  MAKING  A 
VARIETY  OF  OTHER  CALCULATIONS, 

AS  WELL  AS 

VALUABLE  MISCELLANEOUS  INFORMATION. 

Compiled  and  arranged  under  the  supervision  of  prominent  members 
of  the  New  York  Bar . 


NEW  YORK: 

M.  T  RICHARDSON,  PUBLISHER 

1885. 


COPYRIGHTED  BY 
M.  T.  RICHARDSOK. 
1884. 


Edward  O.  Jenkins’  Sons, 

Printers  and  Stereotypers , 
North  Wiliiam  Street,  New  York. 


.RlW 


PREFACE. 


In  presenting  this  work  to  the  public,  the  Editor  and  Compiler  lays 
no  particular  claim  to  originality  in  the  selection  or  arrangement  of 
topics.  His  main  idea  has  been  to  furnish,  in  plain  language,  easily 
understood  by  anybody,  some  of  the  essential  law  points  in  connection 
with  each  topic  considered,  and  to  so  arrange  the  subjects  that  they  can 
be  quickly  found  when  wanted.  Special  care  has  been  taken  in  the 
preparation  of  the  forms  for  drawing  legal  papers,  and  their  accuracy 
can  be  depended  upon. 

Too  much  stress  can  not  be  laid  on  the  importance  of  signing  nc 
paper,  under  any  circumstances ,  until  its  purport  is  fully  comprehended. 
Before  signing  any  document,  always  read  it  through  carefully ,  and  be 
sure  you  understand  the  meaning  of  each  and  every  word  and  sentence . 
If  any  doubt  remains  as  to  the  meaning  of  any  part,  it  is  better  to  refuse 
to  sign  until  you  have  consulted  an  attorney.  No  end  of  litigation  and 
much  misery  has  resulted  from  signing  legal  papers  without  understand¬ 
ing  their  contents. 


How  to  be  Your  Own  Lawyer. 


ACKNOWLEDGMENT  AND  PROOF  OF  DEEDS. 

Acknowledgment  is  tlie  act  of  a  person  who  has  executed  a  deed  in 
going  before  a  competent  officer  or  court  and  admitting  the  genuineness 
of  the  instrument  and  that  it  was  made  voluntarily.  This  acknowledg¬ 
ment  is  certified  to  by  the  court  or  officer  who  takes  it,  according  to  the 
laws  of  the  State  in  which  the  acknowledgment  is  taken. 

The  deed  or  instrument  is  proved  when  the  subscribing  witness  or  wit- 
nesses  come  before  the  proper  officer  and  declare  its  genuineness,  and  the 
declaration  is  certified  to  by  the  officer. 

The  certificate  of  the  officer  can  not  be  altered  after  it  is  made  unless 
there  is  a  re-acknowledgment. 

The  acknowledgment  authorizes  the  deed  to  be  read  in  evidence  with¬ 
out  other  proof  of  its  execution,  and  at  the  same  time  entitles  it  to  be 
placed  on  record,  and  should  be  required  by  the  purchaser  for  his  own 
security. 

The  officer  taking  the  acknowledgment  should  sign  his  name  and  offi¬ 
cial  title'. 

It  is  always  prudent  to  have  a  witness  to  a  deed,  even  though  it  is  ac¬ 
knowledged,  although  this  necessity  has  been  done  away  with  by  stat¬ 
utes  in  many  of  the  States.  If  the  deed  is  not  acknowledged,  always 
have  two  witnesses. 

The  following  are  the  laws  of  the  States  and  Territories  of  the  United 
States  on  this  subject  in  a  condensed  form. 

Under  each  State  and  Territory  will  be  found  the  forms  of  acknowl- 
eilgment  prescribed  by  the  laws  of  said  State  or  Territory. 


ALABAMA . 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  the  following  officers,  to  wit :  judges  of  the  supreme  and  circuit 
courts  and  the  clerks  of  the  same,  chancellors,  judges  of  probate  courts. 


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HOW  TO  BE  TOUR  OWN  LAWYER. 


justices  of  the  peace,  and  notaries  public.  The  last  two  officers  can  take 
acknowledgments  only  within  their  respective  counties. 

Without  the  State ,  but  within  the  U.  S.,  acknowledgments  may  be  taken 
before  judges  and  clerks  of  any  federal  court,  judges  of  any  of  the  courts 
of  record  within  the  State  where  taken,  notaries  public,  or  commission¬ 
ers  of  Alabama.  Acknowledgments  relative  to  navigation  and  com¬ 
merce  may  be  taken  by  notaries  public. 

The  wife  need  not  be  separately  examined. 

One  witness  is  sufficient  if  the  deed  be  acknowledged  by  the  grantor. 

A  power  of  attorney  to  convey  may  be  acknowledged  in  the  same  way. 

Form  of  Acknowledgment  by  Husband  and  Wife . 

The  State  op  )  e_ 

County,  \  88 * 

I  (name  and  title  of  the  officer),  hereby  certify  that  John  Brown  and 
Sarah  Brown  his  wife,  whose  names  are  signed  to  the  foregoing  convey¬ 
ance,  and  who  are  known  to  me,  acknowledged  before  me  on  this  day, 
that  being  informed  of  the  contents  of  the  conveyance,  they  executed  the 
same  voluntarily  on  the  day  the  same  bears  date. 

Given  under  my  hand  this  day  of  a.d.  18  . 

(Signature  and  title.) 


Form  of  Acknowledgment  by  Wife  when  conveying  any  Homestead 
exempted  by  the  Laws  of  the  State. 


State  op  Alabama, 
County  op 


j-  ss. 


I,  judge  (chancellor,  notary  public,  or  justice  of  the  peace,  as  the 
case  may  be),  hereby  certify,  that  on  the  day  of  18  ,  came  be¬ 
fore  me  the  within-named  Sarah  Brown,  known  or  made  known  to  me 
to  be  the  wife  of  the  within-named  John  Brown,  who,  being  by  me  ex¬ 
amined  separate  and  apart  from  her  husband,  touching  her  signature  to 
the  within  deed  acknowledged  that  she  signed  the  same  of  her  own  free 
will  and  accord,  and  without  fear,  constraint,  or  threats  on  the  part  of 
her  husband. 

In  witness  whereof  I  hereunto  set  my  hand  this  day  of  ,  18  • 
A.  B.,  Judge  ( chancellor ,  notary  public,  or  justice  of  the  peace). 


Proof  by  Subscribing  Witness. 

The  State  op  ) 

County,  \ss' 

I  (name  and  title  of  officer),  hereby  certify  that  William  Smith,  a 
subscribing  witness  to  the  foregoing  conveyance,  known  to  me,  appeared 
before  me  this  day,  and  being  sworn,  stated  that  William  Jones,  the 
grantor  in  the  conveyance,  voluntarily  executed  the  same  in  his  pres¬ 
ence,  and  in  the  presence  of  the  other  subscribing  witness,  on  the  day  the 


HOW  TO  BE  YOUR  OWN  LAWYER. 


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same  bears  date ;  that  he  attested  the  same  in  the  presence  of  the  grantor 
and  of  the  other  witness,  and  that  such  other  witness  subscribed  his  name 
as  a  witness  in  his  presence. 

Given  under  my  hand  this  day  of  ,  a.d.  18  . 

(Signature  and  title.) 


ARIZONA  TERRITORY. 

Within  the  Territory  acknowledgments  and  proof  of  deeds  may  be 
taken  before  any  judge  or  clerk  of  a  court  having  a  seal,  or  before  a  no¬ 
tary  or  justice  of  the  peace  of  the  proper  county. 

Without  the  Territory ,  but  within  the  U.  S.,  before  any  judge  or  clerk 
of  any  U.  S.  court,  or  any  State  or  Territorial  court  having  a  seal,  or  be¬ 
fore  an  Arizona  commissioner. 

The  wife  is  separately  examined. 

General  form  of  A  cknowledgment. 

Territory  of  Arizona,  ) 

County  of  j 

On  this  day  of  a.d.  18  before  me,  notary  public,  in  and 
for  the  county  of  Territory  of  Arizona,  duly  commissioned  and  sworn, 
personally  appeared  William  Brown,  personally  known  to  me  to  be  the 
person  described  in  and  who  executed  the  foregoing  instrument,  who  ac¬ 
knowledged  to  me  that  he  executed  the  same  freely  and  voluntarily,  and 
for  the  uses  and  purposes  therein  mentioned. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  offi¬ 
cial  seal,  the  day  and  year  in  this  certificate  first  above  written. 

[Seal.]  (Signature  and  title.) 

Acknowledgment  of  Married  Women. 

Territory  of  Arizona,  ) 

County  of  f  * 

On  this  day  of  a.d.  18  before  me,  a  notary  public,  in  and 
for  said  county  and  Territory  of  Arizona,  duly  commissioned  and  sworn, 
personally  appeared  Mrs.  William  Brown,  personally  known  to  me  to  be 
the  person  described  in  and  who  executed  the  annexed  foregoing  instru¬ 
ment,  and  upon  examination  apart  from  and  without  the  hearing  of  her  hus¬ 
band,  I  made  her  acquainted  with  the  contents  of  said  instrument,  and 
thereupon  she  acknowledged  to  me  that  she  executed  the  same  freely  and 
voluntarily  and  without  fear  or  compulsion  or  undue  influence  on  the 
part  of  her  husband,  and  that  she  did  not  wish  to  retract  the  execution  of 
the  same 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  offi 
cial  seal  the  day  and  year  in  this  certificate  first  above  written. 

(Signature  and  title.) 


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HOW  TO  BE  YOUR  OWN  LAWYER. 


ARKANSAS. 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  the  supreme  and  circuit  courts  or  the  judges  or  clerks  thereof, 
the  county  court  or  presiding  judge  thereof,  a  justice  of  the  peace  within 
the  State,  or  a  notary  public. 

Without  the  State ,  but  within  the  U.  S. ,  by  any  court  of  the  United  States, 
any  State  or  Territorial  court  having  a  seal,  or  by  the  clerk  thereof,  by 
any  mayor  of  a  city,  or  the  same  may  be  taken  by  the  chief  officer  of  a 
town  if  it  has  a  seal,  or  by  a  notary  public  or  an  Arkansas  commissioner. 

The  wife  must  acknowledge,  separate  and  apart  from  her  husband,  that 
she  has  executed  the  deed  without  fear  or  compulsion,  and  that  she  re¬ 
linquishes  her  dower. 

There  must  be  two  witnesses  unless  the  deed  is  acknowledged  by  the 
grantor,  in  which  case  no  witnesses  are  required.  The  certificate  of  the 
officer  taking  the  acknowledgment  should  be  endorsed  upon  the  deed, 
and  signed  and  sealed  with  his  official  seal  if  he  has  one  ;  otherwise,  he 
must  use  his  official  signature. 


Form  of  Acknowledgment  by  Husband  and  Wife  conveying 
Lands  of  Husband. 

State  op  Arkansas,  ) 

County  of  J  * 

Be  it  remembered  that  on  this  day  before  me  the  undersigned  (here  in¬ 
sert  name  and  title  of  officer),  within  and  for  the  county  aforesaid,  duly 
commissioned  and  acting,  came  A.  B.,  to  me  well  known  as  the  grantor 
in  the  foregoing  deed,  and  stated  that  he  had  executed  the  same  for  the 
consideration  and  purposes  therein  mentioned  and  set  forth. 

And  on  the  same  day  also  voluntarily  appeared  before  me,  C.  B., 
wife  of  the  said  A.  B.,  to  me  well  known  as  the  person  signing  said 
deed,  and  in  the  absence  of  her  said  husband  declared  that  she  had  of 
her  own  free  will  signed  and  sealed  the  relinquishment  of  dower  in  the 
foregoing  deed,  for  the  purposes  therein  contained  and  set  forth,  with¬ 
out  compulsion  or  undue  influence  on  the  part  of  her  said  husband. 

Witness  my  hand  and  seal,  as  such  (title  of  official)  on  this  day 
of  January,  18  . 

(Signature  and  title  of  officer.) 


Form  of  Acknowledgment  by  Husband  and  Wife  conveying  Lands 

of  Wife. 


State  of  Arkansas, 
County  of 


j-  98. 


On  this  day  came  before  me  a  duly  commissioned,  qualified,  and  act¬ 
ing  (title  of  officer;,  within  and  for  the  county  aforesaid,  A.B.  and  C.  B., 
his  wife,  to  me  well  known  as  the  grantors  in  the  foregoing  deed ;  and 
the  said  A.  B.  stated  that  he  had  executed  the  same  for  the  consideration 


IIOW  TO  BE  YOUR  OWN  LAWYER. 


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and  purposes  therein  mentioned  and  set  forth  ;  and  also  voluntarily  ap 
peared  before  me  the  said  C.  B.,  in  the  absence  of  her  said  husband,  and 
declared  that  she  had  of  her  own  free  will  executed  the  same  for  the  pur¬ 
poses  therein  contained  and  set  forth,  without  compulsion  or  undue  influ¬ 
ence  of  her  said  husband. 

Witness  my  hand  as  such  (title  of  official),  on  this  day  of 
January,  18  . 

(Signature  and  title  of  official.) 


Proof  of  Deed  by  Subscribing  Witness. 


State  of 
County  op 


j-  S8. 


Be  it  remembered  that  on  this  day  came  before  me,  a  notary  public  in 
and  for  said  county  and  State,  E.  H.,  one  of  the  subscribing  witnesses  to 
the  foregoing  deed,  to  me  personally  well  known,  who  being  by  me  first 
duly  sworn,  stated  that  he  saw  B.  B. ,  the  grantor  in  said  deed,  subscribe  the 
same  on  the  day  of  its  date  (or  that  he  acknowledged  in  his  presence  on 
the  day  of  18  that  he  had  executed  said  deed  for  the  considera¬ 
tion  and  purposes  therein  expressed),  and  that  he  and  J.  H.,  the  other  sub¬ 
scribing  witness,  subscribed  said  deed  as  attesting  witnesses  at  the  request 
of  said  grantor. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  seal  of  office 
on  this  day  of  18  . 

(Signature  and  title.) 


Proof  of  Handwriting  of  Grantor  and  Subscribing  Witness. 


State  of  Arkansas, 
County  op 


|  88 . 


Be  it  remembered  that  on  this  day  of  18  came  before  me,  a 
notary  public  in  and  for  said  county  and  State,  E.  F.  and  J.  H.,  and  upon 
their  oaths  stated  that  the  signatures  of  A.  B.,  the  grantor  in  the  foregoing 
deed,  and  of  H.  D.,  a  witness  thereto,  are  genuine,  and  are  in  the  hand¬ 
writing  of  said  A.  B.  and  H.  D.  respectively. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  seal  of  office, 
on  this  day  of  18  . 

(Signature  and  title.) 


CALIFORNIA . 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  any  judge  or  clerk  of  a  court  having  a  seal,  and  by  justices  of  the 
peace  and  notaries  public  of  their  respective  counties. 

Without  the  State  y  but  within  the  U.  S.,  before  the  judge  or  clerk  of 
any  court  having  a  seal,  or  before  a  commissioner  of  California  or  a 
notary  public.  It  is  usual  to  have  two  witnesses,  but  if  the  deed  is  ac¬ 
knowledged  by  the  grantor,  none  are  required.  The  person  making 
the  acknowledgment  must  be  personally  known  to  the  officer  to  be  the 


HOW  TO  BE  YOUR  OWN  LAWYER. 


person  whose  name  is  signed  to  the  instrument,  or  his  ’dentity  must  be 
proved  by  a  credible  witness. 

The  wife  must  be  examined  apart  from  her  husband,  and  must  *  c- 
knowledge  that  she  knows  the  contents  of  the  deed  and  acts  of  her  own 
free  will.  The  certificate  must  be  endorsed  on  or  annexed  to  the  deed . 
and  must  be  signed  and  sealed.  If  the  officer  has  no  seal,  his  official  title 
must  be  annexed  to  his  signature. 

In  conveyance  of  a  married  woman’s  separate  estate,  she  must  be  ex¬ 
amined  apart  from  her  husband  and  must  acknowledge  the  deed,  if  out 
of  the  State,  before  a  judge  of  a  court  of  record  or  California  commis¬ 
sioner. 

General  Form  for  Acknowledgments . 

State  of  California,  } 

County  of  )  s  ’ 

On  this  day  of  in  the  year  before  me  (name  and  title  of  offi¬ 
cer),  personally  appeared  A.  B.,  known  to  me  (or  proved  to  me  on  the 
oath  of  E.  F.)  to  be  the  person  whose  name  is  subscribed  to  the  within  in¬ 
strument,  and  acknowledged  to  me  that  he  (or  they)  executed  the  same. 

[Seal.]  (Signature  and  title.) 

If  the  deed  be  executed  by  a  corporation,  after  the  words,  “  known  to 
me,”  etc.,  insert,  “to  be  the  president  (or  secretary)  of  the  corporation 
that  executed  the  within  instrument.” 


Of  a  Married  Woman . 


State  of  California, 
County  of 


On  this  day  of  in  the  year  before  me  (name  and  title  of  offi¬ 
cer),  personally  appeared  C.  B.,  known  to  me  (or  proved  to  me  on  the 
oath  of  E.  F.)  to  be  the  person  whose  name  is  subscribed  to  the  within  in¬ 
strument,  described  as  a  married  woman ;  an  d  upon  an  examination 
without  the  hearing  of  her  husband,  I  made  ner  acquainted  with  the 
contents  of  the  instrument,  and  thereupon  she  acknowledged  to  me  that 
she  executed  the  same,  and  that  she  did  not  wish  to  retract  such  exe¬ 
cution.  (Signature  and  title.) 

[Seal.] 

No  special  form  is  required  in  proving  a  deed  by  a  subscribing  wit¬ 
ness.  It  must  appear  that  the  witness  was  duly  sworn,  and  says  that 
the  person  whose  name  is  signed,  is  the  person  described  as  having  exe¬ 
cuted  the  deed,  and  the  witness  signed  his  name  as  a  witness. 


COLORADO. 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  the  judge,  clerk,  or  deputy  clerk  of  the  supreme,  district,  of 
county  courts,  county  clerk  or  his  deputy,  a  justice  of  the  peace  or  no- 


HOW  TO  BE  YOUR  OWN  LAWYER. 


7 


tary  public  within  his  county,  or  before  the  clerk  of  the  U.  S.  district  ot 
circuit  court  or  his  deputy.  The  seal  of  the  court  must  be  attached. 

Without  the  State ,  but  within  the  U.  S.,  before  the  secretary  of  any 
State  or  Territory,  certified  by  him  with  the  seal  of  the  State  or  Territory 
attached,  before  the  clerk  of  any  court  of  record  having  a  seal,  and  also 
before  a  justice  of  the  peace  or  notary  public  in  his  proper  county.  The 
certificates  of  the  last  officers  must  be  accompanied  by  the  certifi¬ 
cate  of  the  clerk  of  a  court  of  record  in  their  county,  stating  that  they 
are  the  persons  designated  by  their  respective  titles,  and  have  authority 
to  take  acknowledgments.  The  deed  does  not  require  witnesses  as  to  its 
execution. 

Wife  acknowledges  in  same  manner  as  the  husband. 


Form  for  Certificate  of  Acknowledgment. 


State  of  Colorado, 
County  of 


j-  88. 


I  (naming  the  officer),  within  and  for  the  county  and  State  aforesaid, 
do  hereby  certify  that  (naming  the  person),  who  is  personally  known  to 
me  (or,  if  not  so  known,  and  his  or  her  identity  is  proven  to  such  officer 
by  a  witness,  then  say,  “  who  was  proven  to  me  by  the  oath  of  (naming 
the  witness),  a  credable  witness,  to  be  the  same  person  whose  name  is 
subscribed  to  the  foregoing  (or  within)  instrument  of  writing  as  a  party 
thereto  ”),  appeared  before  me  this  day  in  person,  and  acknowledged  that 
(he  or  she)  executed  the  same  for  the  uses  and  purposes  therein  set  forth. 

Witness  my  hand  and  the  seal  of  said  court  (or  if  by  notary,  say  no¬ 
tarial  seal)  this  day  of  a.d.  18  . 

[Seal.]  (Signature  and  title.) 

If  the  acknowledgment  is  taken  before  a  clerk  of  a  court  of  record, 
the  certificate  should  show  that  the  court  is  a  court  of  record. 


CONNECTICUT. 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  a  judge  of  the  supreme  or  district  court  of  the  U.  S.,  or  judges  or 
clerks  of  the  supreme,  superior,  common  pleas,  probate,  county,  and  dis¬ 
trict  courts,  town  clerk,  justice  of  the  peace,  notary  public,  commissioner 
of  school  funds,  or  before  a  county  surveyor,  if  the  land  lies  within  his 
county. 

Without  the  State ,  but  within  the  U.  S. ,  before  any  one  of  the  courts  or 
officers  above  named,  except  commissioner  of  school  funds  or  a  county 
surveyor. 

There  must  be  two  witnesses  to  a  deed  wherever  it  is  executed. 

Married  women  need  not  be  separately  examined. 

County  clerk's  certificate  should  be  attached  to  the  acknowledgment  by 
a  justice  of  the  peace.  A  seal  should  always  be  used  by  the  officer ;  u 
no  seal,  his  official  signature. 


8 


HOW  TO  BE  YOCR  OWN  LAWYER. 


Certificate  of  Acknowledgment  by  Husband  and  Wife : 

State  of  Connecticut,  ) 

County  of  [  ’ 

Hartford,  January  1,  a.d.  18  .  Personally  appeared  before  me  a  (title 
of  officer),  within  and  for  the  county  and  State  aforesaid,  duly  commis¬ 
sioned  and  acting  as  such,  J.  B.  and  S.  B.  his  wife,  who  signed  and  sealed 
the  foregoing  instrument,  and  severally  acknowledged  the  same  to  be 
their  free  act  and  deed,  before  me. 

Witness  my  hand  and  seal  of  office,  on  this  day  of  a.d.  18  . 

[Seal.]  (Signature  and  title.) 

A  scfoll  is  a  sufficient  seal. 

Proof  by  a  subscribing  witness  is  not  allowed. 


Acknowledgment  by  a  Corporation. 


State  of  Connecticut, 
County  of 


j-  ss. 


[Date.] 

Personally  appeared  A.  B.,  agent  of  company,  who  acknowledged 
that  he  executed  the  foregoing  instrument  as  the  free  act  and  deed  of  the 
said  corporation. 

Witness  my  hand  and  seal  of  office,  on  this  day  of  a.d.  18  . 

(Signature  and  title.) 


DAKOTA  TERRITORY. 

Within  the  Territory  acknowledgments  and  proof  of  deeds  may  be 
taken  before  a  justice  or  clerk  of  the  supreme  court,  or  a  judge  oi  clerk 
of  any  court  of  record,  a  mayor  of  a  city,  register  of  deeds,  justice  of 
the  peace,  or  notary  public  in  the  city,  county,  or  district  for  which  he 
was  appointed,  and  before  a  commissioner  of  the  U.  S.  circuit  or  district 
court. 

Without  the  Territory ,  but  within  the  U.  S.,  before  the  justice,  judge, 
or  .clerk  of  any  court  of  record,  or  a  Dakota  commissioner,  before  a  no¬ 
tary  public,  or  any  officer  authorized  by  the  laws  of  his  State  or  Territory 
to  take  acknowledgments. 

These  officers  must  act  within  their  jurisdiction. 

Witnesses  or  seals  are  not  necessary. 

Officers  must  sign  their  names  to  their  certificates,  and  also  attach  their 
seals,  if  they  have  them,  and  give  their  official  titles. 

No  certificate  of  the  officer’s  authority  is  required  when  taken  withoui 
the  Territory. 


HOW  TO  BE  TOUR  OWN  LAWYER. 


9 


Certificate  of  Acknowledgment  by  Husband  and  Wife. 

Dakota  Territory,  ) 

County  of  S’  * 

Be  it  remembered  that  on  this  day  of  a.d.  18  before  me  (name 
and  title  of  officer),  personally  appeared  A.  B.  and  C.  B.  his  wife,  well 
known  to  me  to  be  the  persons  who  are  described  in  and  who  executed 
the  within  instrument,  and  duly  acknowledged  to  me  that  they  executed 
the  same  freely. 

[Seal.]  (Signature  and  title.) 


Certificate  of  a  Corporation. 


Dakota  Territory, 
County  of 


On  this  day  of  in  the  year  18  before  me  (name  and  title  of  offi¬ 
cer)  personally  appeared  A.  B.,  known  to  me  (or  proved  to  me  on  the  oath 
of  E.  F.)  to  be  the  president  (or  the  secretary)  of  the  corporation  that  is 
described  in  and  that  executed  the  within  instrument,  and  acknowledged 
to  me  that  such  corporation  executed  the  same. 

[Seal.]  (Signature  and  title.) 


DELAWARE. 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  judges  of  courts  of  record,  justices  of  the  peace,  and  notaries 
public. 

Without  the  State ,  but  within  the  U.  S.,  before  a  judge  of  any  U.  S 
circuit  or  district  court,  or  the  chancellor,  or  any  judge  of  a  court  of 
record,  or  the  chief  officer  of  any  city  or  borough,  or  in  open  court  certi¬ 
fied  under  the  hand  of  the  clerk  and  the  seal  of  the  court. 

All  the  above-named  officers  should  attach  their  seals. 

It  is  usual  to  have  two  witnesses,  although  but  one  is  necessary. 

The  certificate  of  acknowledgment  must  show  that  the  wife  relinquishes 
her  dower. 

Wife  should  be  privately  examined. 

Certificate  of  Acknowledgment  by  Husband  and  Wife. 

State  of  Delaware,  ) 

County  of  J  * 

Be  it  remembered,  that  on  the  day  of  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  personally  came  before  the  sub¬ 
scriber  (name  and  title),  A.  B.  and  C.  B.,  his  wife,  parties  to  this  inden 
ture,  known  to  me  personally  to  be  such,  and  severally  acknowledged 
said  indenture  to  be  their  act  and  deed  respectively,  and  that  the  said 

1* 


10 


HOW  TO  BE  YOUR  OWN  LAWYER. 


C.  B.  being  at  the  same  time  privately  examined  by  me  apart  from  hei 
husband,  acknowledged  that  she  executed  the  said  indenture  willingly, 
without  compulsion  or  threats,  or  fear  of  her  husband’s  displeasure. 
Given  under  my  hand  and  official  seal  the  day  and  year  aforesaid. 

(Signature  and  title.) 


Form  of  Acknowledgment  by  Corporation. 


State  of  Delaware, 
County  of 


Be  it  remembered  that  on  this  day  of  a.d.  18  personally  came 
before  me  (name  and  title  of  officer)  John  Smith,  President  of  the 
Bank  of  ,  a  corporation  of  the  State  of  Delaware,  party  to  the  fore¬ 
going  indenture,  known  to  me  personally  (or  proved  on  the  oath  of  the 
witness)  to  be  such,  and  acknowledged  the  said  indenture  to  be  his  act 
and  deed,  and  the  act  and  deed  of  the  said  company  ;  that  the  signature 
of  the  said  president  is  his  own  proper  handwriting  ;  that  the  seal  affixed 
is  the  common  or  corporate  seal  of  the  said  bank ;  and  that  his  act  of 
sealing,  executing,  and  delivering  said  indenture  was  duly  authorized  by 
said  bank. 

Given  under  my  hand  and  official  seal  the  day  and  year  aforesaid. 

(Signature  and  title.) 


DISTRICT  OF  COLUMBIA. 

Acknowledgments  and  proof  of  deeds  may  be  taken  before  any  of  the 
following  named  officers  of  any  State,  county,  or  territory  of  the  U.  S., 
where  the  person  who  makes  the  deed  is  living,  before  a  chancellor, 
a  judge  of  a  court  of  record  or  of  law,  a  judge  of  the  supreme,  circuit, 
district,  or  territorial  courts,  a  justice  of  the  peace,  notary,  public 
or  commissioner  of  the  circuit  court  of  the  district,  and  commissioner  of 
deeds  for  the  D.  C.  in  the  U.  S. 

The  acknowledgment  must  have  annexed  a  certificate  of  the  officer 
under  his  hand  and  seal  with  title. 

The  certificates  of  officers  without  the  district  should  be  accompanied 
with  a  certificate  of  the  county  clerk  or  register  as  to  the  official  char¬ 
acter  of  the  person  taking  the  same. 

One  witness  is  usual,  although  the  statutes  do  not  specify  the  number. 


Certificate  of  Acknowledgment  of  Husband  and  Wife. 


District  of  Columbia, 
County  of  Washington. 


-  88. 


I,  (here  give  title  in  full)  do  hereby  certify  that  A.  B.  and  C.  B.,  his 
wife,  parties  to  a  certain  deed  bearing  date  on  the  day  of  a.d. 
18  ,  and  hereto  annexed,  personally  appeared  before  me  in  the  county 
of  ,  the  said  A.  B.  and  C.  B.  being  personally  well  known  to  me  as 
the  persons  who  executed  the  said  deed,  and  acknowledged  the  same  tc 


HOW  TO  BE  YOUR  OWN  LAWYER. 


11 


be  their  act  and  deed  ;  and  the  said  C.  B.,  wife  of  the  said  A.  B.,  being  by 
me  examined  privily  and  apart  from  her  said  husband,  and  having  th<! 
deed  aforesaid  fully  explained  to  her,  acknowledged  the  same  to  be  her 
act  and  deed,  and  declared  that  she  had  willingly  signed,  sealed,  and  de¬ 
livered  the  same,  and  that  she  did  not  wish  to  retract  it. 

Given  under  my  hand  and  seal  this  day  of  a.d.  18  . 

A.  B.  [Seal.] 


FLORIDA. 

' Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  a  judge  or  clerk  of  the  circuit  court,  before  the  recording  officer, 
a  justice  of  the  peace  or  a  notary  public. 

Without  the  State ,  but  within  the  U.  S.,  before  any  judge  or  clerk  of  a 
court  of  record,  justice  of  the  peace,  notary  public,  or  Florida  commis¬ 
sioner. 

If  the  acknowledgment  is  taken  before  an  officer  not  having  a  seal,  his 
certificate  must  be  accompanied  by  that  of  the  clerk  or  officer  of  a  court 
of  record  to  the  effect  that  he  is  qualified  to  take  acknowledgments. 

Two  witnesses  are  required. 

Married  women  must  acknowledge,  separate  and  apart  from  their  hus¬ 
bands,  that  they  executed  the  deed  under  no  fear  or  compulsion. 

The  officer  must  certify  as  to  the  identity  of  the  grantor.  He  can 
satisfy  himself  of  the  identity  by  the  evidence  of  a  witness. 

The  officer  should  always  state  his  official  title. 


Form  of  Acknowledgment  of  Husband  and  Wife . 


State  of  Florida, 
County  of 


j-  ss. 


On  this  day  of  18  ,  before  me  [name  and  title  of  the  officer] 
personally  appeared  A.  B.  and  C.  B.,  his  wife,  to  me  known  to  be  the 
person  described  in  and  who  executed  the  foregoing  instrument,  and 
severally  acknowledged  the  execution  thereof  to  be  their  free  act  and 
deed  for  the  uses  and  purposes  therein  named,  and  said  C.  B.  being 
privately  examined  by  me  separate  and  apart  from  her  husband,  acknowl¬ 
edged  that  the  said  deed  (or  relinquishment  of  dower)  was  made  freely 
and  voluntarily,  and  without  fear  or  compulsion  from  her  husband. 

(Signature  and  title.) 


Form  of  Acknowledgment  when  the  Deed  is  made  out  of  the  State . 


State  of  Florida, 
City  or  County  of 


]jS8. 


On  this  day  of  in  the  year  A.  B.  personally  appeared  before  me, 
a  commissioner  duly  appointed  and  authorized  by  the  executive  authority 
under  the  laws  of  the  State  of  Florida,  to  take  within  the  State  of 
proof  and  acknowledgment  of  deeds,  etc.  (or  other  officer  as  the  case  may 


12 


HOW  TO  BE  YOUR  OWN  LAWYER. 


be),  to  be  used  and  recorded  in  said  State  of  Florida,  to  me  well  known 
to  be  the  person  whe  executed  the  foregoing  (and  annexed)  deed  by  him 
sealed  and  subscribed  ;  and  the  said  A.  B.  acknowledged  the  execution 
thereof  to  be  his  free  act  and  deed,  for  the  uses  and  purposes  therein 
mentioned. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal  the  day  and  year  first  above  written. 

(Signature  and  title.) 


Relinquishment  of  Dower  by  the  Wife  when  taken  out  of  the  State. 


State  of  Florida, 
County  of 


I  (name  and  designation  of  officer)  do  hereby  certify  that  C.  B.,  to  me 
well  known  as  the  wife  of  A.  B.,  and  as  one  of  the  persons  described  in 
and  who  executed  the  foregoing  deed  of  conveyance,  did  this  day,  on  a 
private  examination  by  me,  made  separately  and  apart  from  her  said  hus¬ 
band,  acknowledge  and  declare  that  she  made  herself  a  party  to  and  ex¬ 
ecuted  the  same  for  the  purpose  of  renouncing  and  relinquishing  all  and 
every  dower  and  right  of  dower  in  and  to  the  lands  in  said  conveyance 
described,  and  that  the  same  was  done  by  her  freely  and  voluntarily,  and 
without  any  constraint,  apprehension,  or  fear  of  or  from  her  said  husband 
the  said  A.  B. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal  this  day  of  18  . 

(Signature  of  officer.)  [Seal.] 


GEORGIA. 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  a  judge  or  clerk  of  the  supreme  court,  or  of  any  court  where 
these  officers  can  administer  an  oath,  justices  of  the  peace  and  notaries 
public.  Seal  of  officer  is  not  necessary. 

Without  the  State ,  but  within  the  U.  S.,  before  a  commissioner  of 
Georgia,  or  a  judge  of  a  court  of  record  where  the  deed  is  executed. 

There  should  be  a  certificate  of  the  clerk,  under  the  seal  of  the  court, 
as  to  the  genuineness  of  the  judge’s  signature. 

There  should  be  two  witnesses  to  the  deed,  the  officer  taking  the 
acknowledgment  being  one  of  them. 

The  officer  should  certify  that  he  examined  the  wife  privately,  and 
that  she  declared  that  she  acted  voluntarily. 

Certificate  of  Acknowledgment  of  Husband  and  Wife . 

State  of  Georgia,  ) 

County  of  J  ss' 

Before  me  (name  and  title)  on  this  day  of  18  personally  came 
A.  B.,  and  C.  B.  his  wife,  to  me  known  to  be  the  persons  described 


HOW  TO  BE  YOUR  OWN  LAWYER. 


13 


in,  and  who  severally  executed  the  foregoing  conveyance,  and  severalty 
acknowledged  the  same  to  be  their  free  act  and  deed.  And  the  said 
C.  B. ,  being  privately  examined  by  me,  acknowledged  and  agreed  that 
she  signed,  sealed,  and  delivered  the  said  conveyance  of  her  own  free 
will,  with  an  intention  thereby  to  renounce  and  forever  quit  claim  to 
Y.  Z.,  her  right  of  dower  and  thirds,  and  all  her  interest  of,  in,  and  to 
the  lands  or  tenements  therein  mentioned. 

[Signature  and  title.] 


Proof  by  Subscribing  Witness  when  Deed  is  not  made  before  Officer. 


State  op 
County  op 


j-  88. 


Before  me  (name  and  title)  personally  came  E.  F.,  to  me  known  to  be 
the  individual  whose  signature  is  affixed  to  the  foregoing  deed  as  one  of 
the  witnesses  thereto,  who,  being  sworn,  says,  that  he  was  present  at  the 
time  when  said  deed  was  executed,  that  he  saw  the  same  signed,  sealed, 
and  delivered  by  J.  D. ,  whose  signature  is  thereto  affixed  as  grantor ; 
that  A.  B.,  the  other  subscribing  witness  thereto,  was  likewise  present  at 
said  time  and  witnessed  said  execution  of  said  deed,  and  that  he,  the 
said  E.  F.  and  the  said  A.  B.,  then  and  there  signed  the  same  as  attesting 
witnesses. 

[Signature  of  witness.] 


Subscribed  and  sworn  to  before  me  this  day  of  18  . 

[Signature  and  title  of  officer.] 


IDAHO  TERRITORY . 

Within  the  Territory  acknowledgments  and  proof  of  deeds  may  be 
taken  before  any  judge  or  clerk  of  a  court  having  a  seal,  a  justice  of  the 
peace,  a  notary  public,  or  recorder  of  a  proper  county. 

Without  the  Territory ,  but  within  the  U.  S.,  before  a  judge  or  clerk 
of  any  U.  S.  court,  or  before  the  judge  or  clerk  of  any  court  having 
a  seal,  in  any  State  or  Territory  before  an  Idaho  commissioner. 

The  certificate  should  be  endorsed  on,  or  annexed  to,  the  deed,  and  be 
under  the  hand  and  seal  of  the  person  taking  the  acknowledgment. 

The  officer  should  personally  know  the  person  making  the  acknowledg¬ 
ment,  or  his  identity  should  be  established  by  at  least  one  credible 
witness  whose  name  is  given  in  the  certificate,  and  the  officer  should  so 
ptate  in  the  certificate. 


General  Form  of  Acknowledgment,  and  Acknowledgment  of 
Married  Women. 

[Same  as  form  for  California.] 


14 


HOW  TO  BE  YOUE  OWN  LAWYEB. 


Form  for  Proof  of  Deed. 


Territory  (or  State)  of 
County  of 


*88. 


On  this  day  of  A.  d.  18  personally  appeared  before  me  a 
notary  public  (judge,  or  other  officer),  in  and  for  said  county,  A.  B., 
satisfactorily  proved  to  me  to  be  the  person  described  in  and  who 
executed  the  within  conveyance,  by  the  oath  of  C.  D.,  a  competent  and 
a  credible  witness  for  that  purpose,  by  me  duly  sworn,  and  he,  the  said 
A.  B.,  acknowledged  that  he  executed  the  same  freely  and  voluntarily, 
for  the  uses  and  purposes  therein  mentioned. 

Given  under  my  hand  (and  official  seal,  if  the  officer  have  a  seal)  the 
day  and  year  first  in  this  certificate  above  written. 

(Signature  and  title.) 


ILLINOIS. 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  any  judge,  justice,  or  clerk  of  any  court  of  record  having  a  seal, 
a  mayor  of  a  city,  notary  public,  commissioner  of  deeds  having  a  seal,  or 
a  justice  of  the  peace  (his  official  character  should  be  certified  to  by  the 
county  clerk  if  the  land  is  outside  of  his  county).  In  all  cases  the  officers 
should  affix  their  seals. 

Without  the  State,  but  within  the  U.  S.,  as  required  by  the  laws  of  the 
State  where  taken,  provided  that  the  clerk  of  a  court  of  record  certifies 
that  the  acknowledgment  is  taken  according  to  the  laws  of  the  State,  or 
before  a  judge  or  justice  of  the  U.  S.  superior  or  district  court,  a  judge 
or  justice  of  the  supreme,  superior,  or  circuit  court  of  the  U.  S.  or  Terri 
tories,  a  clerk  of  a  court  of  record,  a  mayor  of  a  city,  a  justice  of  the 
peace,  a  notary  public. 

Certificates  should  be  made  under  the  official  seal,  and  especially  in  case 
of  mayors  of  cities,  notaries,  and  clerks  of  courts  of  record. 

If  the  officer  has  no  seal,  there  must  be  proof  that  he  had  authority  to 
take  the  acknowledgment. 

Two  witnesses  are  usual. 

The  wife  need  not  be  examined  separately. 


Certificate  of  Acknowledgment  by  Husband  and  Wife. 

State  of  Illinois,  ) 

County  of  j55* 

I  (name  and  title  of  officer),  do  hereby  certify  that  A.  B.  and  C.  B., 
his  wife,  personally  known  to  me  to  be  the  same  persons  whose  names 
are  subscribed  to  the  foregoing  instrument  as  having  executed  the  same, 
appeared  before  me  this  day  in  person,  and  acknowledge  that  they  signed 
Bealed,  and  delivered  the  said  instrument  as  their  free  and  voluntary  act 


HOW  TO  BE  YOUR  OWN  LAWYER. 


15 


for  the  uses  and  purposes  therein  set  forth,  including  the  release  and 
waiver  of  the  right  of  homestead. 

Given  under  my  hand  and  official  seal  this  day  of  a.d.  18  . 
[Seal.]  (Signature  and  title.) 


Proof  by  Subscribing  Witness. 

State  of  Illinois,  f 

County  of  )  * 

Be  it  remembered  that  on  this  day  of  a.d.  18  ,  before  me 
(here  insert  name  and  title  in  full  of  officer),  duly  appointed  and  com¬ 
missioned,  personally  appeared  C.  D.,  to  me  personally  known  to  be  a 
subscribing  witness  to  the  foregoing  deed  (or,  as  the  case  may  be,  “  who 
was  proved  to  me  on  oath  of  L.  B.,  a  credible  witness,  to  be  a  subscrib¬ 
ing  witness  to  the  foregoing  deed  ”),  who,  being  duly  sworn  according 
to  law,  deposes  and  says  that  Thomas  Jefferson,  whose  name  appears 
subscribed  to  said  deed,  is  the  real  person  who  executed  the  same,  and 
that  he  the  said  C.  D.  subscribed  his  name  as  a  witness  thereto,  in  the 
presence  and  at  the  request  of  the  said  A.  C.,  which  is  sufficient  evidence 
*o  me  of  the  execution  of  said  deed. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal  at  this 
day  of  a.d.  18  . 

[Seal.]  (Signature  and  title.) 


INDIANA. 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  the  judge  or  clerk  of  any  court  of  record,  auditor,  recorder, 
mayor  of  a  city,  justice  of  the  peace,  notary  public,  a  commissioner  of 
Indiana,  or  a  county  surveyor  having  a  seal. 

Without  the  State ,  but  within  the  U.  S.,  before  the  same  officers  as 
within  the  State  of  Indiana. 

The  seal  of  office  should  be  used. 

If  the  officer  has  no  seal,  a  certificate  of  his  authority  to  take  acknowl¬ 
edgments  should  accompany  his  certificate. 

A  married  woman  need  not  be  examined  separate  and  apart  from  her 
husband. 

If  the  deed  is  acknowledged,  no  witnesses  are  required,  otherwise  one 
is  sufficient  for  proof  of  deed. 


Certificate  of  Acknowledgment  by  Husband  and  Wife. 

State  of  Indiana,  ) 

County  of  \ 8  ' 

Be  it  remembered,  that  on  this  day  of  ,  a.d.  18  ,  before  me 
(here  insert  name  and  title  in  full  of  the  official  taking  the  acknowledg¬ 
ment),  duly  commissioned  and  qualified,  personally  appeared  A.  B.  and 


16 


HOW  TO  BE  YOUR  OWN  LAWYER. 


C.  B.,  Ills  wife,  the  grantors  in  the  foregoing  deed,  and  severally  acknowl 
edged  the  execution  of  the  same. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  officia, 
seal  the  day  and  year  aforesaid. 

[Seal.]  (Signature  and  title.) 


Proof  by  Subscribing  Witness. 


State  of  Indiana, 
County  of 


j-  S3. 


Be  it  remembered,  that  on  this  day  of  ,  a.d.  18  ,  before  me 
the  undersigned  (here  insert  name  and  title  of  the  official),  personally  ap 
peared  Daniel  Shaw,  the  subscribing  witness  to  the  execution  of  the 
within  deed,  of  lawful  age,  who  being  by  me  duly  sworn,  upon  his  oath 
did  depose  and  say  that  on  the  day  of  ,  18  ,  he  saw  the  within 
named  grantors,  A.  B.  and  C.  B.,  his  wife,  sign,  seal,  and  deliver  the 
within  deed,  as  their  act  and  deed  ;  that  this  deponent  at  the  same  time 
signed  his  name  as  a  witness  of  the  execution  of  said  deed,  at  the  request 
and  in  the  presence  of  said  grantors,  which  grantors  were  at  the  time 
over  the  age  of  twenty-one  years,  and  of  sound  mind  and  memory,  and 
laboring  under  no  disability"  so  far  as  deponent  knows. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal  the  day  and  year  aforesaid. 

[Seal.]  (Signature  and  title.) 


IOWA . 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  some  court  having  a  seal,  or  a  judge  or  clerk  or  deputy  clerk 
thereof,  auditor  or  deputy  auditor  of  a  county,  justice  of  the  peace,  or 
notary  public. 

Without  the  State ,  but  within  the  U.  S. ,  before  some  court  of  record 
or  officer  holding  the  seal  thereof,  an  Iowa  commissioner,  notary  public, 
or  justice  of  the  peace. 

When  before  a  justice  of  the  peace,  a  certificate,  under  the  official  seal 
of  the  proper  authority,  of  the  official  character  of  the  justice  and  of  his 
authority  to  take  such  acknowledgments  and  of  the  genuineness  of  his 
signature,  should  accompany  the  acknowledgment. 

The  certificate  must  contain  the  title  of  the  court  or  person  before 
whom  it  was  taken ;  that  the  person  making  the  acknowledgment  was 
personally  known  to  be  the  person  whose  name  is  affixed,  or  that  his 
identity  was  established  by  one  credible  witness,  and  that  he  acted  of  his 
own  free  will. 

When  the  deed  is  acknowledged,  no  witnesses  are  required,  othfrwise 
there  should  be  one. 

A  wife  need  not  be  examined  privately. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


17 


Acknowledgment  by  Husband  and  Wife . 

State  of  Iowa,  j 

County  of  j 

On  this  day  of  a.d.  18  before  me  (here  set  forth  the  title  of  tliq 
court  or  person  before  whom  the  acknowledgment  is  taken),  personally 
came  A.  B.  and  C.  B.  his  wife,  to  me  personally  known  to  be  the  iden¬ 
tical  persons  whose  names  are  affixed  to  the  above  deed  as  grantors,  and 
acknowledged  the  execution  of  the  same  to  be  their  voluntary  act  and 
deed. 

Witness  my  hand  and  notarial  seal  (or  other  seal  of  office)  the  day  and 
year  above  written. 

[Seal.]  (Signature  and  title.) 

Proof  by  Subscribing  Witness. 

State  of  Iowa,  ) 

County  of  \  * 

Be  it  remembered  that  on  this  day  of  a.d.  18  before  me  (here 
set  forth  the  title  of  the  court  or  person  before  whom  the  acknowledg¬ 
ment  is  taken),  personally  appeared  C.  D.,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  A.  B.,  the  grantor  in  foregoing  deed,  was 
personally  known  to  him,  and  that  the  said  A.  B.  was  dead  (or  state  the 
reasons  for  his  non-attendance),  which  is  satisfactory  proof  to  me  that 
his  attendance  could  not  be  procured  to  make  this  acknowledgment  (or 
state  that  having  appeared,  he  refused  to  acknowledge  the  instrument) ; 
and  the  said  C.  D.  further  deposed  and  said  that  he  saw  A.  B.,  the 
grantor  therein,  subscribe  and  deliver  said  deed  (or  that  the  said  A.  B., 
grantor  therein,  acknowledged  to  him  that  he  had  subscribed,  sealed, 
and  executed  said  deed)  for  the  use  and  purposes  therein  mentioned, 
which  is  satisfactory  proof  to  me  that  said  instrument  was  executed  by 
said  A.  B.,  whose  name  is  thereunto  subscribed  as  a  party. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  seal 
the  day  and  year  aforesaid. 

[Seal.]  (Signature  and  title.) 


KANSAS. 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  some  court  having  a  seal,  or  some  justice,  judge,  or  clerk  thereof, 
a  county  clerk,  register  of  deeds,  notary  public,  mayor,  or  clerk  of  an 
incorporated  town,  or  justice  of  the  peace. 

Without  the  State ,  but  within  the  U.  S.,  before  a  court  of  record  or  the 
clerk  or  officer  holding  the  seal  thereof,  Kansas  commissioner  of  deeds, 
justice  of  the  peace,  or  notary  public. 

If  before  a  justice  of  the  peace,  his  official  character  must  be  certified 
to  by  the  clerk  of  some  court  of  record. 


18 


HOW  TO  BE  YOUR  OWN  LAWYER. 


The  wife  need  not  be  examined  privately. 

If  acknowledged,  no  witnesses  are  necessary,  otherwise  there  should 
be  one  to  prove  the  deed. 


Certificate  of  Acknowledgment  by  Husband  and  Wife. 


State  of  Kansas, 
County  of 


Be  it  remembered  that  on  this  day  of  a.d.  18  before  me  (here 
give  name  and  title  at  length),  duly  commissioned  in  and  for  the  county 
and  State  aforesaid,  came  A.  B.  and  C.  B.  his  wife,  who  are  personally 
known  to  me  to  be  the  same  persons  who  executed  the  foregoing  instru¬ 
ment  of  writing  as  grantors,  and  they  duly  acknowledged  the  execution 
of  the  same. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my 
seal  the  day  and  year  last  above  written. 

[Seal.]  (Signature  and  title.) 


KENTUCKY. 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  the  clerk  of  the  county  court,  or  may  be  proved  by  two  witnesses. 
If  the  acknowledgment  is  made  by  a  married  woman,  the  clerk  must  ex¬ 
plain  to  her  the  contents  and  effect  of  the  deed  separately  and  apart  from 
her  husband,  and  if  she  freely  acknowledges  the  same  and  is  willing  to 
have  it  recorded,  he  shall  certify  the  deed,  stating  the  acknowledgment 
and  when  it  was  taken. 

Without  the  State,  but  within  the  U.  S.,  before  a  judge  and  certified 
under  the  seal  of  his  court,  or  before  a  clerk  or  deputy  clerk  of  a  court, 
secretary  of  state,  mayor  of  a  city,  notary  public,  commissioner  of  deeds 
for  Kentucky. 

The  acknowledgment  of  a  married  woman  taken  out  of  the  State 
should  be  taken  before  the  officers  just  named,  but  should  be  explained 
to  her  the  same  as  if  taken  within  the  State. 

There  should  be  two  witnesses  to  prove  the  deed. 

Certificate  of  Acknowledgment  by  Husband  and  Wife. 

[Same  form  as  that  used  in  Kansas.] 

Proof  by  Subscribing  Witness. 

State  of  Kentucky,  ) 

County  of  \  * 

I  (here  give  his  title),  do  certify  that  this  day  came  before  me  C.  D. 
and  L.  C.,  the  subscribing  witnesses  to  the  foregoing  deed  (or  other  in¬ 
strument)  by  D.  H.  to  L.  M.,  which  witnesses  are  personally  known  to 


HOW  TO  BE  YOUR  OWN  LAWYER. 


i9 


me  to  be  the  same  whose  names  are  so  written  as  witnesses,  and  being 
solemnly  sworn  by  me  in  due  manner,  did  severally  declare  on  their  oaths 
that  the  said  D.  H.  did  acknowledge  this  instrument  to  be  his  act  and 
deed,  that  the  signature  thereto  was  made  by  him,  that  they  know  him 
to  be  the  same  person  who  is  named  as  the  grantor  therein,  and  that  they 
did  subscribe  said  deed  as  witnesses  by  his  request. 

Given  under  my  hand  and  seal  of  office  this  day  of  18  . 

[Seal.]  (Signature  and  title.) 


LOUISIANA. 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  a  parish  recorder  or  his  deputy,  or  a  notary  public  in  the  presence 
of  two  witnesses,  or  the  deed  may  be  drawn  up  and  signed  as  a  private 
act,  and  then  acknowledged  as  above,  or  witnesses  may  go  before  the  re¬ 
corder  and  swear  that  they  saw  the  party  sign. 

Without  the  State ,  but  within  the  U.  S.,  before  a  commissioner  of 
Louisiana  under  his  seal.  The  commissioner  can  only  take  the  acknowl¬ 
edgment  when  the  party  resides  in  the  same  State  or  Territory  where  the 
commissioner  resides. 

If  the  grantor  is  unknown,  the  officer  should  in  some  way  be  satisfied 
of  his  identity. 

A  married  woman  must  be  examined  apart  from  her  husband,  and  the 
nature  and  effect  of  the  deed  must  be  explained  to  her,  and  it  must  be 
ascertained  whether  she  acts  freely.  It  must  appear  upon  the  document 
that  this  has  been  done. 

Certificate  of  Acknowledgment  by  the  Husband,  and  of 
Renunciation  by  Wife. 

State  op  Louisiana,  ) 

County  of  )  ' 

Be  it  remembered,  that  on  this  day  came  before  me  (here  insert  name 
and  title  of  officer),  within  and  for  the  State  and  county  aforesaid,  duly 
commissioned  and  acting  as  such,  A.  B.  and  C.  B.,  his  wife,  to  me 
known  personally,  and  signed  the  foregoing  instrument  in  my  presence 
and  that  of  the  two  witnesses  whose  names  are  thereunto  subscribed  as 
such,  and  the  said  A.  B.  acknowledged  that  he  had  executed  the  foregoing 
instrument  for  the  consideration  and  purposes  therein  mentioned  and  set 
forth.  And  I  examined  the  said  C.  B.  separate  and  apart  from  and  out 
of  the  presence  of  her  husband,  touching  her  freedom  of  action  in  the 
premises  ;  fully  explained  to  her  the  nature  of  said  act,  and  the  effect  it 
would  have  upon  her  rights ;  and  I  informed  her  before  receiving  her 
signature  thereto,  that  she  had  upon  the  property  of  her  husband,  by  the 
laws  of  Louisiana,  a  legal  mortgage  on  the  immovables,  and  a  privilege 
upon  tbe  movables  of  her  husband,  to  wit :  1st.  For  the  restitution  of 
her  dowry,  as  well  as  for  the  replacing  of  her  dotal  effects  which  she 


20 


HOW  TO  BE  YOUR  OWN  LAWYER. 


brought  at  the  time  of  her  marriage,  and  which  were  alienated  by  her 
husband,  and  this  from  the  time  of  the  celebration  of  the  marriage ;  2d. 
For  the  restitution  or  the  replacing  of  the  paraphernal  effects  which  she 
acquired  during  the  marriage,  either  by  succession  or  donation,  from  the 
day  when  the  succession  devolved  to  her,  or  such  donation  began  to 
have  its  effect.  And  that  by  signing  said  act  she  would  forever  lose  her 
rights  upon  the  property  therein  (mortgaged  or  sold).  But  the  said  C. 
B.  continued  to  declare  that  her  action  herein  was  free  and  voluntary  ; 
that  she  fully  understood  the  nature  of  her  rights,  and  the  effect  of  her 
renunciation,  but  that  she  nevertheless  persisted  in  her  intention  to  re¬ 
nounce  said  rights  upon  said  property. 

Witness  my  hand  and  seal  of  office  this  day  of  A.  D.  18  . 

Witnesses :  (Signature  and  title.) 

E.  F. 

H.  D.  - 


MAINE. 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  a  justice  of  the  peace  or  notary  public. 

Without  the  State,  but  within  the  U.  S. ,  before  a  magistrate,  a  notary 
public  or  justice  of  the  peace,  and  the  acknowledgments  certified,  and 
also  before  a  Maine  commissioner.  No  certificate  of  the  officer’s  au¬ 
thority  to  take  acknowledgments  is  required  by  statute,  but  is  usual. 

Certificates  must  be  endorsed  on  or  annexed  to  the  deeds. 

There  must  be  one  witness  to  prove  a  deed,  but  is  not  required  when 
the  deed  is  acknowledged. 

No  private  examination  of  wife  is  required. 


General  Form  of  Acknowledgment 


State  of  Maine, 
County  of 


-  ss. 


July  1,  18  .  Personally  appeared  the  above  named  (grantor’s  name 
here)  and  acknowledged  the  foregoing  instrument  to  be  free  act  and 
deed.  Before  me,  (Signature  and  title.) 


Acknowledgment  of  Husband  and  Wife. 


State  of  Maine, 
County  of 


j-  ss. 


On  this  day  of  18  ,  personally  appeared  before  me  (name  and 
title  of  officer)  A.  B.  and  C.  B.  his  wife,  the  persons  described  in  and 
who  executed  the  foregoing  instrument,  and  acknowledged  that  they 
did  sign  and  seal  the  same  as  their  free  act  and  deed. 

[Seal.]  (Signature  and  title.) 


HOW  TO  BE  TOUR  OWN  LAWYER. 


21 


MARYLAND. 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  a  judge  of  the  orphans’  court  for  any  county,  a  judge  of  the  circuit 
court  of  any  county,  of  the  superior,  common  pleas,  and  circuit  court  of 
Baltimore  City,  and  before  a  justice  of  the  peace.  If  the  land  is  out  of 
the  county  of  the  justice  of  peace,  the  official  character  of  the  justice 
must  be  certified  to  by  the  clerk  of  the  circuit  or  supreme  court  under 
his  official  seal. 

Without  the  State ,  but  within  the  U.  S.,  before  a  notary  public,  a  judge 
of  any  court  of  the  U.  S.,  a  judge  of  any  court  of  any  State  or  Territory 
having  a  seal,  or  a  commissioner  of  Maryland  to  take  acknowledgments. 
Certificate  of  officer  must  be  endorsed  or  annexed  to  the  deed.  All  cer¬ 
tificates  of  acknowledgment  taken  out  of  this  State  before  a  judge  of  a 
court  having  a  seal,  must  have  that  seal  affixed. 

The  certificate  must  contain  the  name  of  the  person  making  the  ac¬ 
knowledgment  ;  the  official  title  of  the  officer,  the  time  when  taken,  and 
a  statement  acknowledging  the  deed. 

Wife  need  not  be  examined  privately. 

There  must  be  one  witness. 


Proof  of  Acknowledgment  by  Husband  and  Wife. 


State  of  Maryland, 
County  of 


j-  88. 


I  hereby  certify  that  on  this  day  of  a.d.  18  before  me  (here 
insert  name  and  title  of  official)  personally  appeared  A.  B.  and  C.  B., 
his  wife,  and  did  each  severally  acknowledge  the  foregoing  deed  (or 
other  instrument)  to  be  their  act.  In  testimony  whereof  I  have  hereunto 
subscribed  my  name  and  affixed  my  official  seal  the  day  and  year  above 
written. 

[Seal.]  (Signature  and  title.) 


General  Form. 


State  of  Maryland,  ) 

County  of 

I  hereby  certify  that  on  this  day  of  18  before  me  personally 
appeared  A.  B.,  and  acknowledged  the  foregoing  deed  to  be  his  act. 

(Signature  and  title.) 


MASSACHUSETTS. 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  any  notary  public  or  justice  of  the  peace. 

Without  the  State ,  but  within  the  U.  S.,  before  any  justice  of  the 
peace,  notary  public,  magistrate,  or  Massachusetts  commissioner. 


22 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Acknowledgments  taken  out  of  the  State  by  a  justice  of  the  peace 
must  have  a  certificate  of  his  appointment  and  authority  made  by  the 
secretary  of  state  or  a  clerk  of  a  court  of  record,  attached. 

It  is  advisable  to  have  one  witness. 

The  wife  need  not  be  examined  privately. 


General  Form  of  Acknowledgment. 


Commonwealth  of  Massachusetts. 

Suffolk,  ss. 

Then  personally  appeared  the  above 
(severally)  acknowledged  the  foregoing 
act  and  deed,  before  me, 


t 

[Date.] 

named  (A.  B.  and  C.  D.)  and 
instrument  to  be  his  (their)  free 


(Signature  and  title.) 


Acknowledgment  of  Husband  and  Wife . 

Commonwealth  of  Massachusetts,  ) 

County  of  \  ss’ 

Then  personally  appeared  the  aboved  named  A.  B.  and  C.  B.,  his  wife, 
aed  acknowledged  the  foregoing  instrument  to  be  their  free  act  and  deed, 
in  fore  me  this  day  of  18  . 

(Signature  and  title.) 


MICHIGAN. 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  any  judge  or  commissioner  of  a  court  of  record,  any  notary  pub¬ 
lic,  or  justice  of  the  peace.  The  officer  must  endorse  on  the  deed  a  cer¬ 
tificate  of  the  acknowledgment  and  the  time  and  date  of  making  it  under 
his  hand. 

Without  the  State ,  but  within  the  U.  S. ,  before  any  judge  of  a  court  of 
record,  notary  public,  justice  of  the  peace,  master  in  chancery,  or  other 
officer  authorized  by  the  laws  thereof  to  take  acknowledgments,  or  be¬ 
fore  a  Michigan  commissioner. 

There  should  be  two  witnesses  to  prove  the  deed. 

Unless  the  acknowledgment  is  taken  before  a  commissioner  of  Michi¬ 
gan,  there  must  be  attached  a  certificate  of  the  clerk  or  other  proper  offi¬ 
cer  of  a  court  of  record  for  the  county  or  district  within  which  the  ac¬ 
knowledgment  was  taken  under  his  official  seal,  that  the  person  subscrib¬ 
ing  the  certificate  was  at  the  date  of  it  the  officer  represented,  that  he  be¬ 
lieves  the  signature  is  genuine  and  the  deed  to  be  executed  according  tc 
die  laws  of  the  State  or  Territory. 


HOW  TO  BE  TOUR  OWN  LAWYER. 


23 


Certificate  of  Acknowledgment  by  Husband  and  Wife. 


State  op  Michigan, 
County  of 


j-  ss. 


On  this  day  of  a.d.  18  before  me  (name  and  title  in  full  ol 
officer),  personally  came  A.  B.  and  C.  B.  his  wife,  known  to  me  to  be 
the  persons  who  executed  the  foregoing  instrument,  and  acknowledged 
the  same  to  be  their  free  act  and  deed. 


(Signature  and  title.) 


General  Form  of  Acknowledgment. 

[See  Form  for  Georgia.]. 


MINNESOTA . 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  the  judge,  clerk,  or  commissioner  of  the  supreme,  district,  or  pro¬ 
bate  court,  before  a  notary  public,  justice  of  the  peace,  clerk  of  the  cir¬ 
cuit  and  district  court  of  the  U.  S.  for  the  district  of  Minnesota,  county 
auditor,  register  of  deeds,  recorder  of  a  village,  town  clerk  or  city  clerk. 
The  officer  must  affix  his  seal,  if  he  has  one,  to  his  certificate  of  acknowl¬ 
edgment. 

Without  the  State ,  but  within  the  U.  S. ,  before  judges  of  the  U.  S.  dis¬ 
trict  court,  justices  of  the  U.  S.  supreme  court,  judges  or  clerks  of  the 
supreme,  superior,  circuit,  or  of  any  court  of  record,  before  a  notary  pub¬ 
lic,  justice  of  the  peace,  or  a  commissioner  of  Minnesota. 

No  acknowledgment  is  valid  unless  taken  within  the  place  or  territory 
for  which  the  officer  was  appointed  or  over  which  the  court  to  which  he 
belongs  has  jurisdiction. 

The  certificate  of  acknowledgment  must  be  endorsed  on  or  annexed  to 
the  deed  and  must  be  signed  and  sealed  with  the  official  seal. 

If  the  acknowledgment  be  taken  out  of  the  State  and  before  an  officer 
having  no  seal,  there  must  be  endorsed  or  attached  to  the  deed  the  certi¬ 
ficate  of  a  clerk  or  certifying  officer  of  a  court  of  record  of  the  place 
where  taken,  that  the  person  whose  name  is  subscribed  was  at  the  date 
of  the  acknowledgment  the  officer  represented,  and  that  he  knows  the 
handwriting  and  believes  it  to  be  genuine.  This  certificate  should  be 
under  the  official  seal. 

The  wife  need  not  be  privately  examined. 

There  should  be  two  witnesses  to  prove  the  deed. 


General  Form  of  Acknowledgment. 

[See  Form  for  Georgia.] 


24 


HOW  TO  BE  TOTTK  OWN  LAWYER. 


Certificate  of  Acknowledgment  by  Husband  and  Wife. 

State  of  Minnesota,  ) 

County  of  )  * 

Be  it  known,  that  on  this  day  of  a.d  18  before  me  personally 
appeared  A.  B.  and  C.  B.  his  wife,  to  me  known  to  be  the  individual 
persons  described  in  and  who  executed  the  foregoing  instrument,  and 
they  acknowledged  that  they  executed  the  same  freely  and  voluntarily 
for  the  uses  and  purposes  therein  expressed. 

Witness  my  hand  and  official  seal  the  day  and  year  before  written. 

(Signature  and  title.) 


MISSISSIPPI. 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  any  judge  of  a  supreme  or  circuit  court,  any  chancellor,  any  clerk 
of  a  court  of  record  who  shall  certify  the  same  under  the  official  seal  of 
his  office,  any  justice  of  the  peace  or  member  of  the  board  of  county 
supervisors,  whether  the  land  be  within  his  county  or  not. 

Without  the  State ,  but  within  the  U.  S.,  before  any  judge  of  the  su¬ 
preme  or  district  courts  of  the  U.  S.,  before  any  judge  of  the  supreme  or 
superior  court  of  any  State  or  Territory,  or  any  justice  of  the  peace 
whose  official  character  shall  be  certified  to  under  the  seal  of  some  court 
of  record  in  his  county,  or  before  a  notary  public,  or  any  clerk  of  a  court 
of  record  having  a  seal  of  office. 

There  should  be  two  witnesses,  unless  the  deed  is  acknowledged. 

The  certificate  should  be  endorsed  on  the  deed. 

General  Form,  and  also  Form  for  Husband  and  Wife . 

State  of  Mississippi,  ) 

County  of  )  8  * 

Personally  appeared  before  me  (here  insert  the  name  and  title  of  the 
officer)  the  within  named  A.  B.  [and  C.  D.  his  wife],  who  acknowledged 
that  he  [they]  signed,  sealed,  and  delivered  the  foregoing  deed  (or  other 
instrument,  as  the  case  may  be)  on  the  day  and  year  therein  mentioned, 
as  his  [their]  act  and  deed.  [And  the  said  C.  D.  on  examination,  private 
and  apart  from  her  said  husband,  acknowledged  that  she  signed,  sealed, 
and  delivered  the  same  as  her  voluntary  act  and  deed,  freely,  without 
any  fear,  threats,  or  compulsion  of  her  husband.] 

Given  under  my  hand  (and  official  seal),  this  the  day  of  18  . 

(Name  and  title.) 


MISSOURI. 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  a  court  having  a  seal,  or  a  judge,  justice,  or  clerk  thereof,  or  a 
notary  public,  or  a  justice  of  peace  for  the  county  where  the  land  lies. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


25 


Without  the  State ,  but  within  the  U.  S.,  before  any  U.  S.  court,  or  the 
court  of  any  State  or  Territory  having  a  seal,  or  before  the  clerk  of  such 
court,  or  a  notaiy  public,  or  a  commissioner  of  Missouri. 

The  certificate  to  the  acknowledgment  taken  before  a  notary  public 
should  state  when  his  commission  expires. 

The  certificate  should  be  endorsed  on  the  deed,  and  sealed  with  the 
oflicial  seal  of  the  officer. 

Two  witnesses  are  necessary  to  prove  a  deed. 

The  person  making  the  acknowledgment  must  be  known  to  the  officer, 
or  his  identity  must  be  proved  by  two  credible  witnesses,  and  this  fact 
must  be  stated  in  the  certificate,  and  the  names  and  residences  of  the  wit¬ 
nesses  should  be  given. 

No  separate  examination  of  the  wife  is  required. 

General  Form  of  Acknowledgment. 

State  of  Missouri,  )  00 

County  of  J  ss* 

On  this  day  of  18  ,  personally  appeared  before  me,  A.  B.,  to 
me  known  to  be  the  person  described  in,  and  who  executed  the  foregoing 
instrument,  and  acknowledged  that  he  executed  the  same  as  his  free  act 
and  deed. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my 
official  seal  the  day  and  year  aforesaid. 

[Seal.]  (Signature  and  title.) 

The  above  form  will  answer  for  the  acknowledgment  of  husband  and 
wife,  except  that  she  must  be  described  as  his  wife. 


MONTANA. 

Within  the  Territoi'y  acknowledgments  and  proof  of  deeds  may  be 
taken  before  any  judge  or  clerk  of  a  court  having  a  seal,  the  secretary  of 
the  Territory,  a  notary  public,  a  justice  of  the  peace,  an  ex  officio  recordei 
of  a  county  or  a  county  clerk. 

Without  the  Territory ,  but  within  the  U.  S.,  before  a  judge  or  clerk  of 
any  U.  S.,  or  State  or  Territorial  court  having  a  seal,  a  justice  of  the 
peace,  a  notary  public,  or  a  Montana  commissioner  of  deeds. 

The  official  character  of  the  justice  of  the  peace  must  be  certified  to 
under  the  seal  of  the  court  within  the  county  where  said  justice  is  acting. 

The  deed  should  be  explained  to  the  wife  by  the  officer  taking  the  ac¬ 
knowledgment,  and  she  should  be  privately  examined,  and  the  certificate 
must  state  that  this  has  been  done. 

General  Form  of  Acknowledgment 

State  or  Territory  of  Montana,  ) 

County  of  \  8S' 

On  this  day  of  18  ,  personally  appeared  before  me  (name  and 
title  of  officer),  in  and  for  said  county,  A.  B.,  personally  known  to  me 


26 


HOW  TO  BE  YOUR  OWN  LAWYER. 


(or  satisfactorily  proved  to  me  by  the  oath  of  E.  F.,  a  competeut  and 
credible  witness  for  that  purpose  by  me  duly  sworn)  to  be  the  person  de¬ 
scribed  in  and  who  executed  the  foregoing  instrument,  and  who  ac¬ 
knowledged  to  me  that  he  executed  the  same  freely  and  voluntarily  and 
for  the  uses  and  purposes  therein  mentioned.  Witness  my  hand  and  seal. 

[Seal.J  (Signature  and  title.) 


Of  a  Married  Woman . 


State  or  Territory  of  Montana, 
County  of 


j-  S8. 


On  this  day  of  18  ,  personally  appeared  before  me  (name  and  title 
of  officer),  in  and  for  said  county,  A.  B.,  wife  of  C.  D.,  personally  known 
to  me  (or  satisfactorily  proved  to  me  by  the  oath  of,  etc.)  to  be  the  per¬ 
son  whose  name  is  subscribed  to  the  foregoing  instrument,  and  who, 
after  being  by  me  first  made  acquainted  with  the  contents  of  said  instru¬ 
ment,  acknowledged  to  me  on  examination,  separate,  apart  from,  and 
without  the  hearing  of  her  said  husband,  that  she  executed  the  same 
freely  and  voluntarily,  without  fear  or  compulsion,  or  undue  influence  of 
her  said  husband,  and  that  she  does  not  wish  to  retract  the  execution  of 
the  same.  Witness  my  hand  and  seal. 

[Seal.]  (Signature  and  title.) 


NEBRASKA. 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  a  judge  or  clerk  of  a  court  having  a  seal,  a  notary  public,  or  a 
justice  of  the  peace. 

Without  the  State ,  but  within  the  U.  S.,  before  any  officer  authorized 
by  the  laws  of  the  State  or  Territory  where  the  acknowledgment  is  made 
to  take  acknowledgment  of  deed,  or  a  Nebraska  commissioner.  The  cer¬ 
tificate  of  the  officer  must  be  endorsed  on  the  deed  and  must  state  that 
the  grantor  acted  voluntarily  and  was  known  to  the  officer  or  he  had 
proof  of  his  identity. 

If  the  acknowledgment  be  taken  out  of  this  State  and  the  officer  has  no 
seal,  his  certificate  must  be  accompanied  by  the  certificate  of  a  clerk  of  a 
court  of  record  or  a  certifying  officer,  that  the  officer  was  authorized  at 
the  date  given  to  take  acknowledgments  and  that  his  signature  is  genuine. 

The  certificate  of  a  commissioner  must  be  accompanied  by  the  certifi 
cate  of  the  secretary  of  Nebraska,  stating  that  the  officer  is  authorized  to 
act,  his  seal  has  been  compared,  and  that  he  is  acquainted  with  the 
handwriting,  and  that  he  believes  that  both  the  seal  and  signature  are 
genuine. 

There  should  be  one  witness  to  prove  a  deed.  Certificate  of  officel 
should  be  endorsed  on  deed. 


HOW  TO  BE  YOUK  OWN  LAWYEK. 


2 1 


Certificate  of  Acknowledgment  of  Husband  and  Wife. 

State  of  Nebraska,  ) 

County  of  j  * 

On  this  day  of  a.d.  18  before  me  (here  insert  name  and  title  oi 
officer),  duly  appointed,  commissioned  (or  duly  elected),  and  qualified  foi 
and  residing  in  said  county,  personally  appeared  A.  B.  and  C.  B.  his  wife, 
to  me  personally  known  (or  by  the  oaths  of  one  or  more  witnesses,  whose 
names  are  hereto  subscribed,  satisfactorily  proved)  to  be  the  identical 
persons  described  in,  and  whose  names  are  affixed  to  the  foregoing  con¬ 
veyance  as  grantors,  and  they  severally  acknowledged  the  same  to  be 
their  voluntary  act  and  deed. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  official  seal  at 
in  said  county,  the  day  and  year  last  above  written. 

[Seal.]  (Signature  and  title.) 


Proof  by  Subscribing  Witness . 


State  of  Nebraska, 
County  of 


| -ss. 


On  this  day  of  a.d.  18  it  satisfactorily  appearing  to  me  that 
the  attendance  of  the  said  A.  B.,  the  grantor  in  the  foregoing  convey¬ 
ance,  can  not  be  procured  in  order  to  make  acknowledgment  thereof  (or 
that  the  said  A.  B.,  the  grantor,  etc.,  is  dead,  or,  having  executed  and  de¬ 
livered  the  foregoing  conveyance,  refuses  to  make  acknowledgment 
thereof),  before  me  (here  insert  name  and  title  of  officer),  duly  appointed, 
commissioned,  and  qualified  for  and  residing  in  said  county,  personally 
appeared  H.  D.  ,  to  me  personally  known  (or  by  the  oath  of  (one  or  more) 
witness,  whose  name  is  hereto  subscribed,  to  me  satisfactorily  proved) 
to  be  the  identical  person  whose  name  is  subscribed  to  the  f  oregoing  con¬ 
veyance  as  attesting  witness,  who  being  first  duly  sworn  on  his  oath, 
says  that  his  place  of  residence  is  at  in  the  county  of  and  State  of 
that  he  set  his  name  to  the  foregoing  conveyance  as  a  witness ;  that 
he  knew  A.  B.,  the  grantor  in  said  conveyance,  and  that  he  knew  A.  B. 
to  be  the  identical  person  described  therein,  and  who  executed  the  same, 
and  saw  him  sign  (or  heard  him  acknowledge  that  he  had  signed)  the 
same. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  seal  at  in 
said  county,  the  day  and  year  last  above  written. 

[Seal.]  (Signature  and  title ) 


NEVADA. 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  any  judge  or  clerk  of  a  court  having  a  seal,  or  before  a  notary 
public,  or  a  justice  of  the  peace  in  the  proper  county. 


28 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Without  the  State ,  but  within  the  U.  S.,  before  some  judge  or  clerk  of 
any  TJ.  S.  court,  or  court  of  a  State  or  Territory  having  a  seal,  or  before 
a  notary  public,  or  justice  of  the  peace,  or  commissioner  of  Nevada. 

The  certificate  of  the  justice  of  the  peace  must  be  accompanied  by  the 
certificate  of  the  clerk  of  a  court  of  record  of  the  county  having  a  seal, 
showing  the  official  character  of  the  officer  and  the  genuineness  of  his 
signature. 

No  witnesses  are  required,  except  where  one  of  the  contracting  parties 
can  not  write  ;  in  such  case,  one  witness  is  sufficient. 

The  officer  taking  the  acknowledgment  must  always  use  his  official 
seal  if  he  has  one. 


Certificate  of  Acknowledgment  by  Husband  and  Wife . 

State  op  Nevada,  ) 

County  of  j  * 

On  this  day  of  a.d.  18  personally  appeared  before  me  (here 
insert  name  and  title  in  full  of  officer),  in  and  for  said  county,  John  Doe 
and  Sarah  Doe  his  wife,  whose  names  are  subscribed  to  the  annexed  in¬ 
strument  as  parties  thereto,  personally  known  to  me  to  be  the  individuals 
described  in  and  who  executed  the  said  annexed  instrument  as  parties 
thereto,  who  each  acknowledged  to  me  that  they,  each  of  them  respect¬ 
ively,  executed  the  same  freely  and  voluntarily,  and  for  the  uses  and 
purposes  therein  mentioned.  And  the  said  Sarah,  wife  of  the  said  John 
Doe,  having  been  by  me  first  made  acquainted  with  the  contents  of  said 
instrument,  acknowledged  to  me  on  examination,  apart  from  and  with¬ 
out  the  hearing  of  her  said  husband,  that  she  executed  the  same  freely 
and  voluntarily,  without  fear  or  compulsion  or  undue  influence  of  her 
said  husband,  and  that  she  does  not  wish  to  retract  the  execution  of  the 
same. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  offi¬ 
cial  seal  the  day  and  year  first  above  written. 

[Seal.]  (Signature  and  title.) 

Or  same  Forms  as  used  in  California. 


NEW  HAMPSHIRE. 

Within  the  State  acknowledgments  and  proof  of  deeds  may  be  taken 
before  a  notary  public,  justice  of  the  peace,  or  a  commissioner  of  deeds. 

Without  the  State ,  but  within  the  U.  S.,  before  the  same  officers  as 
above  named. 

The  official  title  of  a  justice  of  the  peace  must  be  authenticated  by  th« 
clerk  of  a  court  of  record  or  the  secretary  of  state. 

Two  witnesses  are  required  to  prove  a  deed. 

The  official  seal  should  always  be  used. 


HOW  TO  BE  TOUR  OWN  LAWYER. 


29 


General  Form  of  Acknowledgment  and  Form  for  Husband 
and  Wife. 

State  of  New  Hampshire,  ) 

County  of  )  * 

On  this  day  of  a.d.  18  the  above  named  A.  B  [and  C.  B.  hii 
wife],  appeared  personally  and  acknowledged  the  above  written  instru¬ 
ment  to  be  his  [or  their]  voluntary  act  and  deed  before  me. 

(Signature  and  title.) 


NEW  JERSEY. 

Within  the  State  acknowledgment  and  proof  of  deeds  may  be  taken 
before  the  chancellor  or  a  justice  of  the  supreme  court,  a  master  in  chan¬ 
cery,  a  judge  of  the  common  pleas  court,  or  a  commissioner  of  deeds. 

Without  the  State,  but  within  the  U.  S.,  before  a  judge  of  the  U.  S.  su¬ 
preme,  circuit,  or  district  court,  chancellor  of  State  or  Territory  where 
taken,  mayor  or  chief  officer  of  the  town  under  the  seal  of  the  city  or 
town,  a  master  in  chancery  of  New  Jersey,  a  New  Jersev  commissioner 
of  deeds  under  his  seal,  a  judge  of  a  court  of  common  pleas,  a  judge  of 
any  court  of  record,  or  an  officer  authorized  by  the  laws  of  the  State  or 
Territory  to  take  acknowledgments  of  deeds. 

The  certificate  of  a  judge  of  the  common  pleas,  or  of  a  judge  of  a  court 
of  record,  or  other  officer,  must  be  accompanied  by  a  certificate  under 
the  great  seal  of  the  State  or  Territory,  or  under  the  seal  of  the  court  of 
the  county  where  it  is  made,  stating  that  the  officer  was  authorized  at  the 
date  of  the  acknowledgment  to  take  the  same ;  that  he  was  the  officer 
named  in  the  certificate,  and  that  his  signature  is  genuine. 

The  grantor  must  be  known  to  the  officer,  or  his  identity  must  be 
proved  satisfactorily. 

A  separate  examination  of  the  wife  is  necessary,  and  her  signature 
must  be  acknowledged.  One  witness  is  usual. 

Certificate  of  Acknowledgment  by  Husband  and  Wife. 

State  of  New  Jersey,  ) 

County  of  J  * 

Be  it  remembered  that  on  this  day  of  a.d.  18  before  me  the 
subscriber  (here  insert  name  and  title  of  officer)  personally  appeared  A. 
B.  and  C.  B.  his  wife,  who  I  am  satisfied  are  the  grantors  named  in  and 
who  executed  the  within  indenture,  and  I  having  first  made  known  to 
them  the  contents  thereof,  they  did  thereupon  severally  acknowledge  be¬ 
fore  me  that  they  signed,  sealed,  and  delivered  the  same  as  their  volun¬ 
tary  act  and  deed,  for  the  uses  and  purposes  therein  expressed. 

And  the  said  C.  B.,  wife  of  the  said  A.  B.,  being  by  me  privately  ex¬ 
amined  separate  and  apart  from  her  said  husband  did  further  acknowl¬ 
edge  that  she  signed,  sealed,  and  delivered  the  same  as  her  voluntary  act 


30 


HOW  TO  BE  YOUR  OWN  LAWYER. 


and  deed,  freely,  without  any  fear,  threats,  or  compulsion  of  or  from  hei 
said  husband. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  officia. 
seal  the  day  and  year  aforesaid. 

[Seal.]  (Signature  and  title.) 

Proof  by  Subscribing  Witness. 

State  of  New  Jersey,  ) 

County  of  J  * 

Be  it  remembered  that  on  this  day  of  a.d.  18  personally  ap¬ 
peared  before  the  subscriber  (here  insert  name  and  title  of  officer), 
who  being  by  me  duly  sworn  according  to  law,  on  his  oath  saith,  that  he 
saw  A.  B.,  the  within  named  grantor,  sign,  seal,  and  deliver  the  within 
indenture,  as  his  voluntary  act  and  deed,  and  that  he,  the  said  sub¬ 
scribed  his  name  to  the  same,  at  the  same  time,  as  an  attesting  witness. 

(Signed)  A.  B. 

Taken,  sworn,  and  subscribed  before  me  this  day  of  a,d.  18  . 
In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal  the  day  and  year  aforesaid. 

[Seal.]  (Signature  and  title.) 


NEW  MEXICO. 

Within  the  Territory ,  acknowledgment  and  proof  of  deeds  may  be 
taken  before  any  judge  or  clerk  of  a  court  having  a  seal,  before  a  justice 
of  the  peace  of  the  county  in  which  the  land  lies,  or  notary  public  hav¬ 
ing  a  seal. 

Without  the  Territory ,  but  withifl  the  U.  S.,  before  any  U.  S.  court,  oi 
the  court  of  any  State  or  Territory  having  a  seal,  or  the  judge  or  clerk 
thereof. 

The  official  character  of  the  judge  and  the  genuineness  of  the  signature 
must  be  certified  to  by  the  clerk  of  the  court  under  the  seal. 

The  wife  must  be  examined  separate  and  apart  from  her  husband. 

The  grantor  must  be  known  to  the  officer,  or  his  identity  must  be  es¬ 
tablished  by  two  credible  witnesses. 

General  Form  of  Acknowledgment. 

[Same  as  for  California.] 

Certificate  of  Acknowledgment  by  Husband  and  W.ife. 

Territory  of  New  Mexico,  ) 

County  of  \  * 

On  this  day  of  a.d.  18  before  me  the  undersigned,  a  [insert  title] 
personally  came  A.  B.  and  C.  B.  his  wife,  to  me  personally  known  to  be 
the  same  persons  whose  names  are  signed  to  and  who  are  parties  to  the 
within  deed  of  conveyance,  and  acknowledged  that  they  signed,  sealed, 
and  executed  the  same  freely  and  voluntarily  for  the  purposes  therein 


HOW  TO  BE  YOUR  OWN  LAWYER. 


31 


mentioned ;  and  the  said  C.  B.  being  by  me  first  informed  of  the  contents 
of  said  deed  of  conveyance,  confessed  on  an  examination  separate  and 
apart  from  and  independent  of  her  said  husband,  that  she  signed,  sealed, 
and  executed  the  same  freely  and  voluntarily  for  the  purposes  therein 
mentioned,  without  any  compulsion  or  the  illicit  influence  of  her  said 
husband. 

Given  under  my  hand  (and  official  seal,  as  the  case  may  be)  this  the  day 
and  year  last  above  written. 

[Seal.]  -  (Signature  and  title.) 


NEW  YORK. 

Within  the  State  acknowledgment  and  proof  of  deeds  may  be  taken 
before  county  judges,  judges  of  courts  of  record  within  their  jurisdiction, 
surrogates,  notary  public  and  a  justice  of  the  peace  within  their  respect¬ 
ive  counties,  recorders,  mayors,  and  commissioners  of  deeds  within  their 
respective  cities. 

Without  the  State ,  but  within  the  U.  S.,  before  some  judge  of  the  U.  S. 
courts,  a  judge  of  the  supreme,  circuit,  or  superior  court  of  any  State  or 
Territory  within  the  court's  jurisdiction,  a  mayor  of  a  city,  or  a  commis¬ 
sioner  of  deeds  for  New  York. 

It  may  be  taken  before  any  officer  who  may  be  authorized  by  the  laws 
of  such  State  or  Territory  to  take  acknowledgments,  provided  that  the  offi¬ 
cer’s  certificate  is  accompanied  by  that  certificate  under  the  name  and  offi¬ 
cial  seal  of  the  clerk  and  register,  recorder,  or  prothonotary  of  the  county 
in  which  said  officer  resides,  or  of  the  county  or  district  court,  or  court 
of  common  pleas  thereof,  stating  that  the  officer  was  authorized  to  take 
acknowledgment  at  the  date  given,  and  that  his  signature  is  believed  to 
be  genuine. 

The  certificate  of  the  commissioner  must  be  accompanied  by  the  cer¬ 
tificate  of  the  Secretary  of  New  York  State  as  to  the  existence  of  the  offi¬ 
cer  and  the  genuineness  of  his  seal. 

The  certificate  must  state  that  the  grantor  is  known  to  the  officer  and 
is  the  person  who  executed  the  instrument,  or  that  the  subscribing  wit 
ness  was  well  known. 

The  certificate  must  be  endorsed  on  the  deed  and  must  set  forth  the 
matters  required  to  be  done,  known,  or  proved,  and  also  the  names  and 
residences  of  the  witnesses  and  the  substance  of  evidence  given  by  them. 

One  witness  is  necessary  to  prove  a  deed. 

Acknowledgment  by  Grantor. 

State  of  New  York,  ) 

County  of  j  8  * 

On  this  day  of  a.d.  18  before  me  personally  came  A.  B.,  to 
me  personally  known  and  to  me  known  to  be  the  individual  described  in 
and  who  executed  the  within  (or  above,  or  annexed)  conveyance  (or  ir 
strument),  and  acknowledged  that  he  executed  the  same. 

(Signature  and  title.) 

Wife  acknowledges  the  same  as  if  she  were  unmarried. 


32 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Proof  by  Subscribing  Witness ,  within  the  State ,  known  to  the 

Officer. 

State  of  New  York,  ) 

County  of  )  * 

On  this  day  of  a.d.  18  before  me  personally  came  C.  D.,  suh 
scribing  witness  to  the  within  (or  above,  or  annexed;  conveyance  (or  in¬ 
strument),  with  whom  I  am  personally  acquainted,  who  being  by  me 
duly  sworn,  said  that  he  resided  in  the  city  of  that  he  was  acquainted 
with  A.  B.,  and  knew  him  to  be  the  person  described  in  and  who  execu¬ 
ted  the  said  conveyance  (or  instrument) ;  and  that  he  saw  him  execute 
(and  deliver)  the  same  ;  and  that  he  acknowledged  to  him,  the  said  C.  D., 
that  he  executed  (and  delivered)  the  same,  and  that  he,  the  said  C.  D., 
thereupon  subscribed  his  name  as  a  witness  thereto. 

(Signature  and  title.) 


NORTH  CAROLINA. 

Within  the  State  acknowledgment  and  proof  of  deeds  may  be  taken 
before  any  justice  or  judge  of  the  supreme  or  superior  courts  and  the 
clerk  thereof,  a  judge  of  the  county  court  where  the  land  lies,  a  judge 
or  clerk  of  any  court  of  record  having  a  seal,  a  notary  public  or  justice 
of  the  peace. 

If  taken  before  a  justice  of  the  peace,  the  clerk  of  some  court  of  rec¬ 
ord  must  certify  that  it  is  in  due  form,  and  if  to  be  recorded  out  of  the 
county,  the  clerk  of  some  court  of  record  must  certify  that  the  officer 
was  a  justice  at  the  time  the  acknowledgment  was  taken. 

Without  the  State ,  but  within  the  U.  S.,  before  any  commissioner  of 
affidavits  for  North  Carolina. 

Every  clerk  of  a  court  of  record  in  any  State  is  considered  a  commis¬ 
sioner  of  affidavits  for  this  State  so  as  to  authorize  him  to  take  acknowl¬ 
edgments. 

The  wife  should  acknowledge  her  signature,  and  afterward  be  privately 
examined.  Certificate  of  acknowledgment  must  state  that  the  wife  releases 
her  dower  right. 

Certificate  of  Acknowledgment  by  Husband  and  Wife. 

State  of  North  Carolina,  ) 

County  of  j  8S‘ 

I,  A.  B.  (here  give  name  and  title  of  official),  do  hereby  certify  that 
(here  give  name  of  grantor,  and,  if  acknowledged  by  wife,  her  name, 
and  add  “his  wife ”)  personally  appeared  before  me  this  day  and  ac 
knowledged  the  due  execution  of  the  foregoing  (or  annexed)  deed  of  con 
veyance  (or  other  instrument) ;  and  (if  the  wife  is  a  signer)  the  said 
(here  give  wife’s  name)  being  by  me  privately  examined,  separate  and 
apart  from  her  said  husband,  touching  her  voluntary  execution  of  the 
same,  doth  state  that  she  signed  the  same  freely  and  voluntarily  without 


HOW  TO  BE  YOUR  OWN  LAWYER. 


33 


fear  or  compulsion  of  her  said  husband  or  any  other  person,  and  that 
she  doth  still  voluntarily  assent  thereto. 

Witness  my  hand  and  seal  (private  or  official,  as  the  case  may  be)  this 
day  of  a.d.  18  . 

[Seal.]  (Signature  of  official.) 


Proof  by  Subscribing  Witness. 


State  op  North  Carolina, 
County  of 


Be  it  remembered,  that  on  this  day  of  a.d.  18  ,  person¬ 

ally  appeared  the  subscribing  witness  to  the  foregoing  deed,  to  me 
personally  known,  who  on  oath  duly  proves  the  execution  thereof 
for  the  purposes  therein  expressed. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal  the  day  and  year  above  mentioned. 

[Seal.]  (Signature  and  title.) 


OHIO. 

Within  the  State  acknowledgment  and  proof  of  deeds  may  be  taken 
before  a  judge  or  clerk  of  the  supreme  court  or  court  of  common  pleas, 
probate  judges,  county  surveyors,  mayor,  or  chief  officer  of  any  incor¬ 
porated  town  or  city,  a  notary  public  or  justice  of  the  peace.  The  cer¬ 
tificate  must  appear  on  the  deed. 

Without  the  State ,  but  within  the  U.  S.,  according  to  the  laws  of  the 
State  or  Territory  where  taken,  or  as  required  by  the  laws  of  Ohio. 

It  may  be  taken  before  a  commissioner  for  Ohio. 


Form  of  Acknowledgment  by  Husband  and  Wife. 


State  of  Ohio, 
County  of 


j-  S8. 


Be  it  remembered,  that  on  this  day  of  a.d.  18  ,  before  me 
the  subscriber,  a  (here  insert  title  of  officer)  in  and  for  said  county, 
personally  came  A.  B.  and  C.  B.  his  wife,  and  acknowledged  the 
signing  and  sealing  of  the  foregoing  instrument  to  be  their  act  and 
deed  for  the  uses  and  purposes  therein  expressed.  And  the  said  C.  B., 
wife  of  the  said  A.  B.,  being  examined  by  me  separate  and  apart  from 
her  said  husband,  and  the  contents  of  said  instrument  made  known  and 
explained  to  her  by  me,  did  declare  that  she  did  voluntarily  sign,  seal, 
and  acknowledge  the  same,  and  that  she  was  still  satisfied  therewith  as 
her  act  and  deed. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal  on  the  day  and  year  last  above  written. 

[Seal.]  (Signature  and  title.) 

The  above  form  will  answer  for  a  general  form  by  omitting  what  is 
said  in  reference  to  the  wife. 


2* 


34 


HOW  TO  BE  YOUR  OWN  LAWYER. 


OREGON. 

Within  the  State  acknowledgment  and  proof  of  deeds  may  be  taken 
before  a  probate  judge,  a  judge  of  the  district  court,  a  notary  public, 
or  justice  of  the  peace. 

The  certificate  stating  date  must  be  endorsed  on  the  deed. 

Without  the  State ,  but  within  the  U.  S.,  according  to  the  laws  of  the 
State  or  Territory  where  executed,  or  before  an  Oregon  commissioner  or 
any  judge  of  a  court  of  record,  justice  of  the  peace  or  a  notary  public. 

If  the  acknowledgment  is  not  taken  by  a  commissioner,  the  deed  must 
have  attached  to  it  the  certificate  of  the  clerk  or  certifying  officer  of  a 
court  of  record  of  the  county  or  district  under  his  seal,  stating  that  the 
officer  taking  the  acknowledgment  was  the  proper  one,  that  it  was  done 
according  to  the  laws  of  the  State,  and  that  the  signature  is  genuine. 

Acknowledgment  should  be  endorsed  on  the  deed. 

There  should  be  two  witnesses  to  prove  a  deed. 

General  Form  of  Acknowledgment 

(Same  form  as  for  California,  adding  “for  the  purposes  therein  men¬ 
tioned.”) 

Form  of  Acknowledgment  by  Husband  and  Wife. 

Territory  of  Oregon,  ) 

County  of  j  * 

On  this  day  of  a.d.  18  ,  personally  came  before  me  (here  in 
sert  name  and  title),  in  and  for  said  county,  the  within  named  A.  B.  and 
C.  B.  his  wife,  to  me  personally  known  to  be  the  identical  persons  de¬ 
scribed  in  and  who  executed  the  within  instrument,  and  acknowledged 
to  me  that  they  executed  the  same  freely,  for  the  uses  and  purposes 
therein  named.  And  the  said  C.  B.,  on  examination  separate  and  apart 
from  her  said  husband,  acknowledged  to  me  that  she  executed  the  same 
freely  and  without  fear  or  compulsion  from  any  one. 

Witness  my  hand  and  seal  this  day  of  a.d.  18  . 

[Seal.]  (Signature  and  title.) 


PENNSYLVANIA. 

Within  the  State  acknowledgment  and  proof  of  deeds  may  be  taken 
before  any  judge  of  the  supreme  court,  a  judge  of  the  court  of  common 
pleas,  mayor,  recorder,  aldermen  of  Philadelphia,  Pittsburg,  Allegheny 
City,  and  Carbondale,  a  notary  public,  recorder  of  deeds,  any  justice  of 
the  peace. 

Without  the  State,  but  within  the  U.  S.,  some  judge  of  the  supreme, 
superior,  common  pleas,  or  probate  court  or  court  of  record,  signed  by 
the  judge  and  sealed  with  the  seal  of  his  court,  a  judge  of  the  U.  S. 
supreme  or  district  court,  or  before  a  mayor  or  presiding  officer  of  in¬ 
corporated  town  or  city  where  the  instrument  is  so  acknowledged,  under 
his  seal,  or  before  any  officer  authorized  by  the  laws  of  such  State  or  Terri- 


HOW  TO  BE  YOUR  OWN  LAWYER. 


35 


tory  to  take  acknowledgments.  The  authority  of  the  officer  taking  the 
acknowledgment  must  be  certified  to  by  clerk,  or  prothonotary  of  any 
court  of  record  under  the  seal  of  the  court. 

It  is  customary  to  have  two  witnesses  to  prove  a  deed. 


Certificate  of  Acknowledgment  by  Husband  and  Wife. 


State  op  Pennsylvania, 
County  op 


[  88' 


Be  it  remembered  that  on  the  day  of  a.d.  18  before  me  (here 
Insert  name  and  title  of  official),  duly  commissioned  in  and  for  said 
county,  came  A.  B.  and  C.  B.  his  wife,  and  acknowledged  the  foregoing 
indenture  to  be  their  act  and  deed,  and  desired  the  same  to  be  recorded 
as  such.  She,  the  said  C.,  being  of  lawful  age,  and  by  me  examined 
separate  and  apart  from  her  said  husband,  and  the  contents  of  said  deed 
being  first  fully  made  known  to  her,  did  thereupon  declare  that  she  did 
voluntarily  and  of  her  own  free  will  and  accord,  sign  and  seal,  and  as 
her  act  and  deed  deliver  the  same  without  any  coercion  or  compulsion  of 
her  said  husband. 

Witness  my  hand  and  seal,  the  day  and  year  aforesaid. 

[Seal.]  (Signature  and  title.) 


Proof  by  Subscribing  Witness. 

State  op  Pennsylvania,  } 

County  op  )  * 

Be  it  remembered  that  on  the  day  of  a.d.  18  before  me  (here 
insert  name  and  tide  of  official),  duly  commissioned  in  and  for  said 
county,  personally  appeared  H.  K.,  one  of  the  subscribing  witnesses  to 
the  execution  of  the  above  indenture,  who  being  duly  sworn  (or  affirmed) 
according  to  law,  doth  depose  and  say  that  he  did  see  A.  B.,  the  grantor 
above  named,  sign  and  seal,  and  as  his  act  and  deed  delivered  the  above 
indenture  (deed  or  conveyance),  for  the  use  and  purposes  therein  men¬ 
tioned,  and  that  he  did  also  see  E.  F.  subscribe  his  name  thereunto  as 
the  other  witness  of  such  sealing  and  delivery,  and  that  the  name  of 
this  deponent  thereunto  set  and  subscribed  as  a  witness  is  of  this  depo¬ 
nent’s  own  proper  handwriting. 

Sworn  (or  affirmed)  to  and  subscribed  before  me  the  day  and  year 
aforesaid. 

Witness  my  hand  and  official  seal. 

[Seal.]  (Signature  and  title.)  (Signature  of  witness.) 


RHODE  ISLAND. 

Within  the  State  acknowledgment  and  proof  of  deeds  may  be  taken 
before  any  judge,  notary  public,  justice  of  the  peace,  mayor,  or  com¬ 
missioner  of  deeds. 

Without  the  State ,  but  within  the  U.  S.,  before  the  same  officer  as 
within  the  State. 

The  wife  is  examined  privately,  and  the  nature  of  the  deed  must  be 
explained  to  her,  and  she  must  declare  that  she  acted  voluntarily. 

There  should  be  two  witnesses  to  prove  the  deed. 


36 


HOW  TO  BE  TOUR  OWN  LAWYER. 


Genera!  Form  of  Acknowledgment. 

State  of  Rhode  Island,  ) 

County  of  J  * 

The  day  of  18  . 

Providence,  to  wit :  There  personally  appeared,  the  within-named  A, 
B.,  and  acknowledged  the  within  instrument  to  be  his  free  and  volun 
tary  act  and  deed,  hand  and  seal  before 
[Seal.]  (Signature  and  title.) 


Certificate  of  Acknowledgment  by  Husband  and  Wife. 


State  of  Rhode  Island, 
County  of 


|  ss. 


Be  it  remembered  that  on  this  day  of  a.d.  18  before  me  (here 
insert  name  and  title  of  officer),  personally  appeared  A.  B.  and  C.  B.  his 
wife,  and  the  said  A.  B.  acknowledged  the  foregoing  instrument  by  him 
signed  to  be  his  free  and  voluntary  act  and  deed,  and  the  said  C.  B.,  be¬ 
ing  by  me  examined  privily  and  apart  from  her  said  husband,  and  hav¬ 
ing  said  instrument  shown  and  explained  to  her  by  me,  declared  to  me 
that  it  is  her  voluntary  act,  and  that  she  does  not  wish  to  retract  the  same. 

In  witness  whereof,  I  have  set  my  hand  and  seal  at  the  day  and 
year  above  written. 

[Seal.]  (Signature  and  title.) 


SOUTH  CAROLINA. 

Within  the  State  no  acknowledgment  seems  to  be  necessary,  but  the 
deed  must  be  proved  by  one  of  the  two  subscribing  witnesses,  who  must 
go  before  a  trial  justice,  or  a  notary  public,  and  make  affidavit  that  he 
saw  the  grantor  sign,  seal,  and  deliver  the  deed,  and  that  the  other 
witness  and  he  witnessed  the  execution 

The  names  of  both  witnesses  should  be  given,  and  the  affidavit  should 
be  endorsed  on  the  deed. 

Without  the  State ,  but  within  the  U.  S.,  the  deed  must  be  proved  as 
within  the  State,  and  before  the  same  officers  or  a  commissioner  of  deeds 
for  South  Carolina. 


Renunciation  of  Dower. 


State  of  South  Carolina, 
County  of 


|  88. 


I,  (here  insert  name  and  title  in  full  of  officer),  do  hereby  certify  unto 
all  whom  it  may  concern,  that  A.  B.,  the  wife  of  the  within  named  C. 
B. ,  did  this  day  appear  before  me,  and  upon  being  privately  and  sepa¬ 
rately  examined  by  me,  did  declare  that  she  does  freely,  voluntarily,  and 
without  any  compulsion,  dread,  or  fear  of  any  person  or  persons  whom¬ 
soever,  renounce,  release,  and  forever  relinquish  unto  the  within  named 


HOW  TO  BE  YOUR  OWN  LAWYER. 


37 


E.  F.,  his  heirs  and  assigns,  all  her  interest  and  estate,  and  also  all  hei 
right  and  claim  of  dower,  of,  in,  or  to  all  and  singular  the  premises  with¬ 
in  mentioned  and  released. 

(Signed  by  wife.)  A.  B. 

Given  under  my  hand  and  seal  this  day  of  a.d.  18  . 

[Seal.]  (Signature  and  title  of  officer.) 


Certificate  of  Proof  by  Subscribing  Witness. 


State  of  South  Carolina, 
County  of 


j-  ss. 


Personally  appeared  before  me,  H.  B.,  and  made  oath  that  he  saw  C. 
B.  sign,  seal,  and  deliver  the  within  conveyance,  for  the  uses  and  pur¬ 
poses  therein  mentioned,  and  that  he  with  L.  M.,  in  the  presence  of  each 
other,  witnessed  the  due  execution  thereof. 

(Signed)  H.  B. 

Sworn  to  before  me,  this  day  of  a.d.  18  . 

[Seal.]  (Signature  and  title  of  officer.) 


TENNESSEE. 

Within  the  State  acknowledgment  and  proof  of  deeds  may  be  taken 
before  a  clerk  or  deputy  clerk  of  a  county  court,  or  a  notary  public. 

Without  the  State ,  but  within  the  U.  S.,  before  any  court  of  record  or 
the  clerk  thereof,  a  notary  public,  or  a  commissioner  for  Tennessee. 

The  officer  must  be  acquainted  with  the  grantor  or  have  his  identity 
established,  and  must  state  that  the  grantor  acknowledged  that  he  execu¬ 
ted  the  instrument  for  the  purposes  therein  stated. 

The  deeds  are  sometimes  probated,  in  which  case  the  two  subscribing 
witnesses  must  make  oath  that  they  are  acquainted  with  the  grantor  and 
that  he  acknowledged  the  deed  in  their  presence. 

The  officer  must  be  acquainted  with  grantor,  and  must  so  state  as  in 
an  acknowledgment. 

The  certificates  should  be  in  all  cases  under  the  official  seal  of  the 
officer. 

If  taken  before  a  court  of  record,  the  certificate  of  probate  should  be 
certified  to  by  the  clerk  of  that  court  under  his  official  seal ;  if  taken  be¬ 
fore  the  clerk  of  any  court  of  record,  he  must  attach  his  official  seal  to 
the  certificate,  and  the  presiding  judge  of  the  court  must  certify  as  to  the 
official  character  of  the  clerk. 


Certificate  of  Acknowledgment. 

State  of  Tennessee,  ) 

County  of  j  88m 

Before?  me  (name  and  title)  personally  appeared  A.  B.,  the  within 
named  bargainor  (or  other  name),  with  whom  I  am  personally  ae 


38 


HOW  TO  BE  YOUR  OWN  LAWYER. 


quainted,  and  who  acknowledged  tliat  lie  executed  the  within  deed  (oi 
other  instrument)  for  the  purposes  therein  contained. 

Witness  my  hand  and  seal  of  office  thi3  day  of  a.d.  18  . 
[Official  seal.]  (Signature  and  title.) 


Certificate  of  Acknowledgment  of  Deeds  for  Wife’s  Lands,  made 
by  Husband  and  Wife. 


State  of  Tennessee, 
County  of 


ss. 


Before  me  (name  and  title)  personally  appeared  A.  B.  and  C.  B.,  his 
wife  (here  follows  a  certificate  of  probate  or  acknowledgment  as  to  the 
husband,  as  shown  in  the  preceding  forms  ;  then  goes  on),  and  the  said 
C.  B.,  wife  of  said  A.  B.,  with  whom  I  am  personally  acquainted,  hav¬ 
ing  appeared  before  me  privately  and  apart  from  her  said  husband,  ac¬ 
knowledged  the  execution  of  said  deed  to  have  been  done  by  her  freely, 
voluntarily,  and  understandingly,  without  compulsion  or  constraint  of 
her  said  husband,  and  for  the  purposes  therein  expressed. 

Witness  my  hand  and  seal  of  office  this  day  of  a.d.  18  . 

[Official  seal.]  (Signature  and  title.) 


Proof  by  Subscribing  Witness. 


State  of  Tennessee, 
County  of 


|  88. 


Before  me  (name  and  title)  personally  appeared  J.  T.  and  Gr.  K  ,  subscrib¬ 
ing  witnesses  to  the  within  deed  (or  other  instrument),  wTho  being  first 
sworn,  deposed  and  said  that  they  are  acquainted  with  A.  B.  the  bargainor 
(or  as  the  name  may  be),  and  that  he  acknowledged  the  same  in  their  pres¬ 
ence  to  be  his  act  and  deed  on  the  day  it  bears  date  (or  stating  the  time 
as  proved  by  the  witnesses). 

Witness  my  hand  and  seal  of  office  this  day  of  a.d.  18  . 

[Official  seal.]  (Signature  and  title.) 


TEXAS. 

Within  the  State  acknowledgment  and  proof  of  deeds  may  be  taken 
before  a  judge  or  clerk  of  a  county  court,  a  notary  public,  or  a  clerk  of  a 
district  court. 

Without  the  State ,  but  within  the  U.  S. ,  before  a  judge  or  clerk  of  a 
court  of  record  having  a  seal,  a  notary  public,  or  a  commissioner  of  deeds 
for  Texas. 

There  should  be  two  witnesses  to  prove  the  deed. 

The  wife  must  be  examined  privately  and  be  made  acquainted  with  the 
nature  of  the  deed. 


HOW  TO  BE  TO  UK  OWN  LAWYER. 


39 


Certificate  of  Acknowledgment. 

State  of  Texas,  ) 

County  of  J  * 

Before  me  (name  and  title  of  the  officer)  on  this  day  personally  ap¬ 
peared  known  to  me  (or  proved  to  me  on  the  oath  of  )  to  be  the 
person  whose  name  is  subscribed  to  the  foregoing  instrument,  and  ac¬ 
knowledged  to  me  that  he  executed  the  same  for  the  purposes  and  con¬ 
sideration  therein  expressed. 

Given  under  my  hand  and  seal  of  office  this  day  of  a.d.  18  . 

[Seal.]  (Signature  and  title.) 


Certificate  of  Acknowledgment  by  a  Married  Woman. 

State  of  Texas,  ) 

County  of  J  * 

Before  me  (name  and  title  of  the  officer)  on  this  day  personally  ap¬ 
peared  wife  of  known  to  me  (or  proved  to  me  on  oath  of  )  to 
be  the  person  whose  name  is  subscribed  to  the  foregoing  instrument,  and 
having  been  examined  by  me  privily  and  apart  from  her  husband,  and 
having  the  same  fully  explained  to  her,  she,  the  said  acknowledged 
such  instrument  to  be  her  act  and  deed,  and  declared  that  she  had  will¬ 
ingly  signed  the  same  for  the  purposes  and  consideration  therein  ex¬ 
pressed,  and  that  she  did  not  wish  to  retract  it. 

Given  under  my  hand  and  seal  of  office  this  day  of  a.d.  18  . 

[Seal.]  (Signature  and  title.) 


Signature  and  Certificate  of  Acknowledgment  by  Corporation. 

[Seal  of  Corporation.]  (Signature)  A.  B.,  Pres. 

State  of  Texas,  ) 

County  of  )  * 

Before  me  (name  and  title  of  the  officer)  personally  came  by  its 
president  known  to  me  (or  proved  to  me  on  oath  of  )  to  be  the 
person  whose  name  is  subscribed  to  the  foregoing  instrument  as  presi¬ 
dent  of  ,  etc.,  and  who  acknowledged  to  me  that  he  executed  the  same 
for  the  purposes  and  consideration  therein  expressed. 

Given  under  my  hand  and  seal  this  day  of  a.d.  18  . 

(Signature  and  title. ) 


Certificate  of  Proof  by  Subscribing  Witness. 


State  of  Texas, 
County  of 


|  88. 


Before  me  (name  and  title)  on  this  day  personally  appeared  known 
to  me  (or  proved  to  me  on  the  oath  of  )  to  be  the  person  whose  name 
is  subscribed  as  a  witness  to  the  foregoing  instrument  of  writing,  and, 


40 


HOW  TO  BE  YOUR  OWN  LAWYER. 


after  being  duly  sworn  by  me,  stated  on  oath  that  he  saw  the  grantoi 
or  person  who  executed  the  foregoing  instrument,  subscribe  the  same  (o* 
that  the  grantor  or  person  who  executed  such  instrument  of  writing  ac¬ 
knowledged  in  his  presence  that  he  had  executed  the  same  for  the  pur¬ 
poses  and  consideration  therein  expressed),  and  that  he  had  signed  the 
same  as  a  witness  at  the  request  of  the  grantor  (or  person  who  executed 
the  same). 

Given  under  my  hand  and  seal  of  office  this  day  of  a.d.  18  . 
[.Seal.]  (Signature  and  title.) 


UTAH  TERRITORY. 

Within  the  Territory  acknowledgment  and  proof  of  deeds  may  be 
laKen  before  a  recorder,  a  judge  or  clerk  of  a  court  having  a  seal,  a  no¬ 
tary  public,  or  a  justice  of  tire  peace  within  the  county  where  the  land  is 
situated. 

Without  the  Territory ,  but  within  the  U.  S.,  before  a  judge  or  clerk  of 
any  U.  S.  court,  a  judge  or  clerk  of  a  court  of  record  having  a  seal,  a  no¬ 
tary  public,  or  a  commissioner  for  Utah. 

The  grantor  must  be  known  to  the  officer  or  his  identity  must  be 
proved  satisfactorily. 


Certificate  of  Acknowledgment. 

Utah  Territory,  ) 

County  of  J  * 

On  this  day  of  a.d.  18  before  me,  A.  B.  (name  and  title),  in 
and  for  said  county,  personally  appeared  C.  D.,  personally  known  to  me 
to  be  the  person  described  in  and  who  executed  the  foregoing  instrument, 
who  acknowledged  to  me  that  he  executed  the  same  freely  and  volunta¬ 
rily  and  for  the  uses  and  purposes  therein  mentioned. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal  the  day  and  year  last  above  written. 

(Signature  and  title.) 


Proof  by  Witness. 


Utah  Territory, 
County  of 


j-  83. 


On  this  day  of  a.d.  18  before  me,  A.  B.  (name  and  title),  in 
and  for  said  county,  personally  appeared  C.  D.,  personally  known  to  me 
(or  satisfactorily  proved  to  me  by  the  oath  of  H.  K.,  a  competent  and 
credible  witness  for  that  purpose,  by  me  duly  sworn)  to  be  the  same  per¬ 
son  whose  name  is  subscribed  to  the  annexed  instrument  as  a  witness 
thereto,  who,  being  by  me  duly  sworn,  deposes  and  says  that  he  resides 
in  county  of  and  (State  or)  Territory  of  ,  that  he  was  present 
and  saw  G.  H.,  personally  known  to  him  to  be  the  same  person  described 
in,  and  who  executed  the  annexed  instrument  as  a  party  thereto,  sign, 


HOW  TO  BE  YOUR  OWN  LAWYER. 


41 


seal,  and  deliver  the  same,  and  heard  him  acknowledge  that  he  executed 
the  same  freely  and  voluntarily,  and  for  the  uses  and  purposes  therein 
mentioned,  and  that  he,  the  deponent,  thereupon  signed  his  name  as  a  sub¬ 
scribing  witness  thereto  at  the  request  of  the  said  G.  H. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal  the  day  and  year  last  above  written. 

[Seal  or  scroll.]  (Signature  and  title.) 


VERMONT. 


Within  the  State  acknowledgment  and  proof  of  deeds  may  be  taken 
before  a  master  in  chancery,  a  notary  public,  or  a  justice  of  the  peace, 
or  a  town  clerk. 

Without  the  State ,  but  within  the  U.  S.,  before  any  officer  authorized 
by  the  laws  of  such  State  or  Territory  to  take  acknowledgments,  or  be¬ 
fore  a  commissioner  for  Vermont,  a  notary  public,  or  a  justice  of  the 
peace. 

If  the  acknowledgments  taken  without  this  State  are  certified  to  ac¬ 
cording  to  the  laws  of  the  State  where  taken,  they  are  valid  in  this  State. 

There  should  be  two  witnesses  to  prove  a  deed. 


Certificate  of  Acknowledgment  by  Husband  and  Wife. 


State  of  Vermont, 
County  of 


j-  88. 


At  this  day  of  18  personally  appeared  and  his  wife, 
the  signers  and  sealers  of  the  above  written  instrument,  and  acknowl¬ 
edged  the  same  to  be  their  free  act  and  deed.  Before  me, 

(Signature  and  title.) 

For  acknowledgment  of  grantor,  omit  the  words  “  and  his  wife.” 


VIRGINIA. 

Within  the  State  acknowledgment  and  proof  of  deeds  may  be  taken 
before  the  county  court  or  clerk  thereof. 

Without  the  State ,  but  within  the  U.  S.,  before  any  court  or  clerk 
thereof,  a  notary  public,  a  justice  of  the  peace,  a  commissioner  for 
Virginia. 

The  certificate  of  the  officer  must  be  endorsed  on  the  deed. 

Two  witnesses  of  the  execution  of  the  deed  are  required  to  prove  it. 

A  cknowledgment. 

State  of  Virginia,  ) 

County  of  )  s  * 

I,  (name  and  title)  of  the  county  (or  )  aforesaid,  in  the  State  (oi 
Territory  or  District)  of  do  certify  that  E.  F.  (or  E.  F.  and  G.  H.; 
etc.),  whose  name  (or  names)  is  (or  are)  signed  to  the  writing  ab^ve  (oi 


42 


HOW  TO  BE  YOUR  OWN  LAWYER. 


hereto  annexed)  bearing  date  on  the  day  of  18  has  (or  have)  ao 
knowledged  the  same  before  me  in  my  county  (or  )  aforesaid. 

Given  under  my  hand  this  day  of  18  . 

(Signature  and  title.) 


Certificate  of  Acknowledgment  by  a  Married  Woman. 


State  of  Virginia, 
County  of 


S3. 


I  (name  and  title),  do  certify  that  E.  F.,  the  wife  of  G.  H.,  whose 
names  are  signed  to  the  writing  above  (or  hereto  annexed),  bearing  date 
on  the  day  of  personally  appeared  before  me,  in  the  county  (or 
)  aforesaid,  and  being  examined  by  me  privily  and  apart  from  her 
husband,  and  having  the  writing  aforesaid  fully  explained  to  her,  she, 
the  said  E.  F.,  acknowledged  the  said  writing  to  be  her  act,  and  declared 
that  she  had  willingly  executed  the  same,  and  does  not  wish  to  retract  it. 

Given  under  my  hand  this  day  of  18  . 

(Signature  and  title.) 


WASHINGTON  TERRITORY. 

Within  the  Territory  acknowledgment  and  proof  of  deeds  may  be 
taken  before  a  judge  of  the  supreme  or  probate  court,  a  clerk  or  deputy 
clerk  of  the  supreme  or  district  court,  a  notary  public,  county  auditor, 
or  a  justice  of  the  peace. 

Without  the  Territory ,  but  within  the  U.  S.,  before  any  person  author¬ 
ized  to  take  acknowledgments  by  the  laws  of  the  State  where  taken. 

If  not  taken  before  an  officer  having  an  official  seal,  the  certificate 
must  be  accompained  by  a  certificate  of  a  clerk  of  a  court  of  record  within 
the  county  where  the  acknowledgment  is  taken  under  the  seal  of  the  court, 
to  the  effect  that  the  officer  was  authorized  to  take  the  acknowledgment 
at  the  time  taken,  and  that  he  believes  the  signature  to  be  genuine. 

Certificate  of  Acknowledgment  by  Husband  and  Wife. 

Washington  Territory,  ) 

County  of  (  * 

On  this  day  of  a.d.  18  before  me,  the  undersigned  authority, 
personally  came  J.  R.  and  S.  R.  his  wife,  who  are  personally  known  to 
me  to  be  the  same  J.  R.  and  S.  R.  whose  names  are  subscribed  to  the 
within  deed  of  conveyance  as  parties  thereto,  and  severally  acknowledged 
the  execution  of  the  said  deed  for  the  uses  and  purposes  therein  men 
tioned.  And  I  certify  that  I  did  examine  the  said  S.  R.,  wife  of  the 
said  J.  R. ,  separate  and  apart  from  her  husband,  and  that  I  did  make 
known  to  her  the  contents  of  the  said  deed,  and  she  did  thereupon  ac¬ 
knowledge  to  me  that  she  did  execute  the  same  voluntarily  of  her  own 
free  will,  and  without  any  fear  of  a  coercion  from  her  husband. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal  the  day  and  year  above  written. 

[Seal.]  (Signature  and  title  of  officer.) 


HOW  TO  BE  YOUR  OWN  LAWYER. 


43 


WEST  VIRGINIA. 

Within  the  State  acknowledgment  and  proof  of  deeds  may  be  taken 
before  the  clerk  of  any  county  court  or  the  clerk  of  any  court,  recorder, 
protkonotary,  notary  public,  or  justice  of  the  peace. 

Without  the  State ,  but  within  the  U.  S.,  before  the  same  officers  as 
within  this  State,  who  must  duly  authenticate  their  certificates  by  annex¬ 
ing  their  official  seal. 

Two  witnesses  are  required  to  prove  a  deed. 


Certificate  of  Acknowledgment. 

State  of  West  Virginia,  ) 

County  of  )  * 

I  (name  and  title),  do  certify  that  whose  name  (or  names)  is  (or  are) 
signed  to  the  writing  above  (or  hereto  annexed),  bearing  date  on  the 
day  of  has  (or  have)  this  day  acknowledged  the  same  before  me,  in 
my  said 

Given  under  my  hand  and  official  seal  this  day  of 

[Seal.]  (Signature  and  title.) 

Certificate  by  a  Married  Woman  who  has  united  with  her  Hus - 

band. 


State  of  West  Virginia,  )  oo 
County  of  \SSt 

I  (name  and  title),  do  certify  that  the  wife  of  whose  names  are 
signed  to  the  writing  above  (or  hereto  annexed),  bearing  date  on  the 
day  of  personally  appeared  before  me,  in  the  county  aforesaid,  and 
being  examined  by  me  privily  and  apart  from  her  husband,  and  having 
the  said  writing  fully  explained  to  her,  she,  the  said  acknowledged 
the  said  writing  to  be  her  act,  and  declared  that  she  had  willingly  exe¬ 
cuted  the  same,  and  does  not  wish  to  retract  it. 

Given  under  my  hand  and  official  seal  this  day  of 

[Seal.]  (Signature  and  title.) 


Certificate  of  Proof  of  Deeds,  etc. 


State  of  West  Virginia, 
County  of 


In  the  clerk's  office  of  the  county  court  of  county,  I,  ’clerk  of 
the  county  court  of  county,  do  hereby  certify,  that  the  foregoing 
deed,  bearing  date  on  the  day  of  18  was  this  day  proved  before 
me  as  to  A.  B.,  the  grantor  (or  one  of  the  grantors)  therein,  by  C.  D. 
and  E.  F.,  two  witnesses  thereto,  who  declared  upon  oath  before  m* 
that  it  was  his  act  and  deed,  and  that  they  had  seen  him  execute  it. 

Given  under  my  hand,  etc. 

[Seal.]  (Signature  and  title.) 


44 


HOW  TO  BE  YOUR  OWN  LAWYER, 


WISCONSIN. 

Within  the  State  acknowledgment  and  proof  of  deeds  may  be  taken 
before  the  clerk  of  the  county  or  the  circuit  court  clerk,  a  judge  or  com¬ 
missioner  of  court,  a  notary  public,  a  justice  of  the  peace.  The  certifi¬ 
cate  must  state  the  true  date  of  the  acknowledgment. 

Without  the  State ,  but  within  the  U.  S. ,  before  any  officer  duly  author¬ 
ized  by  the  laws  of  his  State  to  take  acknowledgments,  before  any  judge 
of  a  court  of  record,  master  in  chancery,  notary  public,  justice  of  the 
peace,  or  a  commissioner  for  Wisconsin. 

Unless  the  acknowledgment  be  taken  before  a  commissioner  or  a  notary 
public  with  his  seal  attached,  or  a  clerk  of  a  court  of  record  with  his  seal 
attached,  the  certificate  must  be  attested  by  a  certifying  officer  of  a  court 
of  record  as  to  the  authority  of  the  officer,  the  genuineness  of  his  signa¬ 
ture,  and  the  conformity  of  the  acknowledgment  to  the  laws  of  the  State 
or  Territory  where  taken. 

The  wife  need  not  be  privately  examined. 

There  should  be  two  witnesses  to  prove  a  deed. 


Acknowledgment  of  Grantor. 

(See  California,  adding  the  words  “  and  that  the  same  was  his  free  act 
and  deed,  for  the  purposes  therein  mentioned.  ”) 


Certificate  of  Acknowledgment  by  Husband  and  Wife. 

State  of  Wisconsin,  ) 

County  of  [  88' 

Personally  came  before  me  this  day  of  18  the  above  (or  with¬ 
in)  named  A.  B.  and  C.  B.  his  wife  (or  if  an  officer,  adding  the  name  of 
his  office)  to  me  known  to  be  the  person  who  executed  the  foregoing  (or 
within)  instrument,  and  acknowledged  the  same. 

(Insert  designation  of  officer.) 

No  further  certificate  is  required. 


WYOMING  TERRITORY. 

Within  the  Territory  acknowledgment  and  proof  of  deeds  may  be 
taken  before  a  judge  or  commissioner  of  a  court  of  record,  a  notary  pub¬ 
lic,  or  a  justice  of  the  peace. 

Without  the  Territory ,  but  within  the  U.  S.,  before  a  Wyoming  com¬ 
missioner  or  any  officer  authorized  by  the  laws  of  the  State  or  Territory 
where  taken,  to  take  an  acknowledgment. 

Deeds  must  be  acknowledged  ;  proof  will  not  answer. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


45 


Certificate  of  Acknowledgment. 

Wyoming  Territory,  ) 

County  of  J  * 

On  this  day  of  18  before  me  (name  and  title  of  officer),  person¬ 
ally  appeared  A.  B.,  the  grantor  known  to  me  to  be  the  individual  de¬ 
scribed  in  and  who  acknowledged  that  he  executed  the  foregoing  instru¬ 
ment,  for  the  purposes  therein  mentioned,  and  that  the  same  was  his  free 
act  and  deed. 

[Seal  or  scroll.]  (Signature  and  title.) 

As  dower  has  been  abolished,  the  wife  does  not  acknowledge  with 
her  husband. 

In  a  conveyance  of  her  property,  she  acts  as  if  unmarried. 


ADMINISTRATORS. 

[See  Executors.] 

AFFIDA  VITS. 

An  affidavit  is  a  statement  or  declaration  reduced  to  writing  and  sworn 
to  or  affirmed  before  some  officer  who  has  authority  to  administer  an 
oath. 

The  affidavit  must  state  the  place  where  taken,  and  must  show  that  it 
was  taken  within  the  jurisdiction  of  the  officer. 

The  person  making  the  affidavit,  must  sign  his  name  at  the  end  of  it, 
and  swear  to,  or  affirm  it,  before  any  one  of  the  officers  named  in  the 
various  States,  for  the  purpose  of  taking  acknowledgments. 

THE  FOLLOWING  FORMS  ARE  ADAPTED  FOR  USE 
IN  THE  VARIOUS  STATES  AND  TERRITORIES: 

Common  Form. 

State  of  ) 

County  of  j  s'  * 

A.  B.  being  duly  sworn  (or  affirmed)  says  (here  set  forth  a  statement 
of  the  facts). 

(Signature  of  person  making  the  affidavit.) 

Subscribed  and  sworn  to  (or  affirmed)  before  me  this  day  of  18  . 

(Signature  and  title  of  officer.) 

[Title  of  cue.]  Wdmit  °f  SmiCe  °f  PaPerS 

State  of  ) 

County  of  \  8  * 

A.  B.  being  duly  sworn  (or  affirmed),  deposes  and  says :  that  he  is 
above  the  age  of  18  years,  and  that  on  the  day  of  18  at  he 


46 


HOW  TO  BE  YOUR  OWN  LAWYER. 


served  the  within  paper,  a  copy  of  which  is  hereto  annexed,  on  C.  D. 
known  to  him  to  be  the  person  described  therein,  by  delivering  the  same 
(or  a  copy  thereof)  to  him  personally,  and  leaving  the  same  with  him. 

(Signature  of  person  serving  paper.) 
Subscribed  and  sworn  to  (or  affirmed)  before  me  this  day  of  18  • 

(Signature  and  title  of  officer.) 


[Title  of  case.] 


Affidavit  to  a  Petition. 


State  of 
County  of 


-  88. 


A.  B.  being  duly  sworn  (or  affirmed),  desposes  and  says  :  that  he  has 
read  the  foregoing  petition  subscribed  by  him,  and  that  the  same  is  true 
of  his  own  knowledge,  save  as  to  the  matters  therein  stated  to  be  alleged 
on  information  and  belief,  and  as  to  those  matters  he  believes  it  to  be 
true. 

(Signature  of  person  making  the  affidavit.) 

Subscribed  and  sworn  to  (or  affirmed)  before  me  this  day  of  18  . 

(Signature  and  title  of  officer.) 

Special  forms  of  affidavits  will  be  found  attached  to  the  various  forms 
for  which  they  are  intended. 


AGENTS. 

An  agent  is  a  person  who  acts  for  another  and  by  his  direction.  The 
person  who  employs  an  agent  is  called  the  principal.  As  the  agent  acts 
for  the  principal,  the  principal  acquires  the  rights  and  assumes  the  re¬ 
sponsibilities  which  result  from  the  acts  of  the  agent.  The  act  of  the 
agent  is  considered  the  act  of  the  principal,  and  the  law  looks  on  them  as 
identical. 

Agents  are  divided  into  two  classes  :  general  and  special.  A  general 
agent  is  one  authorized  to  transact  all  the  business  of  his  principal,  or  all 
of  his  business  of  a  particular  kind. 

A  special  agent  is  one  authorized  to  act  on  a  particular  occasion  and  to 
do  a  particular  thing.  If  a  general  agent  exceeds  his  authority  the  prin¬ 
cipal  is  held  liable,  provided  that  the  agent  acted  within  the  scope  of  his 
employment,  and  the  persons  transacting  business  with  him  did  not 
know  that  he  exceeded  it.  The  scope  of  employment  of  an  agent  is  sup¬ 
posed  to  include  all  the  necessary  means  and  acts  for  accomplishing  the 
business  for  which  he  was  appointed  agent.  If  there  is  a  written  author¬ 
ity  this  should  be  strictly  followed  by  the  agent  for  his  own  protection. 

An  agent  can  not  in  general,  unless  so  directed  by  his  principal,  ap¬ 
point  a  sub-agent,  unless  such  is  the  usage  of  trade  or  is  understood  by 


HOW  TO  BE  YOUR  OWN  LAWYER.  47 

the  parties  to  be  the  manner  in  which  the  particular  business  is  trans¬ 
acted. 

An  agent’s  authority  may  be  given  by  words  only,  or  by  a  written  in¬ 
strument,  or  by  a  written  instrument  under  seal. 

The  agent  should  declare  his  agency  in  the  body  of  the  instrument, 
whether  sealed  or  unsealed,  if  he  would  clear  himself  from  responsibility. 

The  agent  should  sign  the  name  of  the  principal,  and  add  his  own  as 
agent  or  attorney,  as  A.  D.  by  C.  B.,  agent  or  attorney. 

The  authority  of  an  agent  to  sign  a  sealed  instrument  must  be  in  writ¬ 
ing  under  seal. 

The  principal  may  at  any  time  put  an  end  to  the  relation  between 
himself  and  his  agent,  by  withdrawing  the  agent’s  authority,  unless  the 
authority  be  accompanied  with  an  interest,  or  was  given  for  a  valuable 
consideration. 

The  death  of  the  principal  also  puts  an  end  to  the  agency,  unless,  as 
stated  before,  an  interest  was  coupled  with  the  agency,  or  a  lapse  of  time 
may  have  the  same  result ;  as  if  the  agency  was  for  one  year.  Although 
the  agent  is  not  liable  to  third  persons  when  he  exceeds  this  authority,  he 
is  still  liable  to  his  principal  for  all  damages  which  may  result  from  his 
unauthorized  acts. 

The  principal  may  charge  interest  on  balances  in  the  hands  of  the 
agent,  unless  it  can  be  shown  that  it  was  customary  for  the  agent  from 
the  nature  of  the  transaction  to  keep  sums  of  money  on  hand. 

Agents  are  of  various  kinds,  such  as  factors,  brokers,  auctioneers, 
clerks,  attorneys,  masters  of  ships,  etc. 

A  factor  is  a  person  intrusted  with  the  property  of  another  for  the 
purpose  of  selling  it,  and  is  the  same  as  a  commission  merchant.  He 
sells  goods  delivered  to  him,  and  as  a  compensation  receives  a  commission 
on  his  sales. 

A  broker  differs  from  a  factor  in  that  he  does  not  have  possession  of 
the  property,  but  only  makes  bargains  in  relation  to  it. 

An  auctioneer  is  one  who  is  authorized  to  sell  the  goods  of  others  at 
public  sale  or  auction. 

A  factor  can  exercise  his  own  judgment  as  to  the  time,  mode,  and  cir¬ 
cumstances  of  the  sale,  provided  he  acts  in  good  faith. 

A  factor  may  sue,  be  sued,  collect  money,  buy  and  sell,  and  give  re¬ 
ceipts  in  his  own  name.  Not  so  a  broker,  who  can  act  only  in  the  name 
of  his  principal. 

A  factor  has  a  lien  on  the  property  in  his  hands  for  commissions, 
advances,  and  expenses,  and  may  sell  enough  to  satisfy  his  claims  if  the 
principal  refuses  on  demand  to  pay  or  secure  him. 


48 


HOW  TO  BE  YOUR  OWN  LAWYER. 


A  broker  has  no  lien,  as  he  is  not  in  possession  of  the  property,  nor  has 
he  a  right  to  his  commissions  until  the  whole  service  for  which  the  com¬ 
mission  was  to  be  given  is  performed. 

Power  of  A  Homey. 

A  power  of  attorney  is  a  written  instrument  by  which  one  person  is 
empowered  to  act  for  another.  A  person  acting  under  a  power  of  attor¬ 
ney  is  called  an  attorney  in  fact.  The  power  of  attorney  to  authorize  a 
person  to  execute  a  sealed  instrument  for  his  principal,  should  be  under 
seal,  executed,  attested,  and  acknowledged  the  same  as  a  deed.  These 
powers  are  general  and  special,  and  empower  the  holders  thereof  to  act 
the  same  as  general  or  special  agents,  and  are  subject  to  the  same  laws  of 
revocation  as  are  the  powers  of  agents. 

A  party  dealing  with  an  attorney  in  fact  should  examine  his  power,  to 
see  that  he  is  authorized  so  to  act. 

All  conditions  in  a  power  should  be  strictly  followed  out. 

By  the  statutes  of  New  York,  if  one  of  the  attorneys  in  fact  should  die, 
the  survivors  can  continue  to  act. 

All  the  attorneys  should  join  in  executing  their  power. 

In  a  conveyance  of  land  the  attorney  should  always  use  the  name  of 
his  principal  in  the  body  of  the  instrument,  and  execute  and  acknowl¬ 
edge  it  in  the  name  of  his  principal,  with  his  own  name  as  attorney. 
An  attorney  is  not  authorized  to  appoint  a  substitute,  unless  he  is  spec¬ 
ially  empowered  to  do  so  by  his  power  of  attorney. 

l.—A  Short  Form. 

Know  all  men  that  I,  John  Smith,  of  the  town  of  in  the  county 
of  State  of  do  hereby  make,  constitute,  and  appoint  James  Brown, 
of  the  town  of  county  of  State  of  my  true  and  lawful  attor¬ 
ney  for  me  and  in  my  name  to  f[here  insert  what  the  attorney  is  author¬ 
ized  to  do]  and  to  do  and  perform  all  acts  or  things  in  the  execution 
of  the  aforesaid  business,  as  fully  and  completely  as  I  might  do  were  I 
present. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this  day 
of  18  . 

[Signed  by  person  granting  the  power.] 

Signed,  sealed,  and  delivered  in  the  presence  of 

[Signatures  of  witnesses.] 

2.— Power  to  Collect  Rents. 

[Use  Form  No.  1,  and  place  the  following  after  f  ]  to  ask,  demand,  de- 
Btrain  for,  collect,  and  receive  all  such  rents  and  arrears  of  rent  as  are 


HOW  TO  BE  YOUR  OWN  LAWYER. 


49 


now  due,  or  may  fall  due,  or  owing  to  me  at  any  time  hereafter,  from 
of  or  such  tenants  or  persons  as  may  be  occupying  any  lands, 
tenements,  or  hereditaments  as  may  belong  to  or  be  claimed  by  me, 
lying  in  the  town  of  county  of  State  of  or  which  may  be  due 
from,  or  payable  by,  any  person  or  persons  as  tenants,  occupiers,  lessees, 
or  assignees  of  any  term  or  terms  of  such  lands,  or  any  part  of  such 
lands,  tenements,  or  hereditaments,  and  upon  such  payment  to  give  a 
proper  receipt  and  discharge  thereof  [then  continue  with  what  follows 
the  bracket  in  Form  No.  1]. 


3.— Power  to  Collect  Debts. 

[Use  Form  No.  1,  inserting  the  following  at  f]  to  ask,  demand,  sue 
for,  collect,  receive,  and  give  receipts  for  all  moneys,  debts,  and  de¬ 
mands  of  any  kind  which  now  are  due,  or  shall  become  due,  owing  and 
belonging  to,  or  kept  from  me  by  [names  of  persons  from  whom  the 
debt  is  due]  or  any  person  or  persons  residing  [continue  with  what  fol¬ 
lows  the  bracket  in  Form  No.  1], 


4.— Power  to  Sell  and  Convey  Lands. 

[Use  Form  No.  1,  and  insert  the  following  at  f]  to  grant,  bargain,  and 
sell  all  or  any  such  part  of  it,  for  such  sum  or  price,  and  on  whatever 
terms  that  shall  seem  to  him  just  and  proper,  and  for  me  and  in  my 
name  to  make,  execute,  and  acknowledge  and  deliver  good  and  sufficient 
deeds  for  the  same,  either  with  or  without  covenants  and  warranty  [con¬ 
tinue  as  in  Form  No.  1  after  the  bracket]. 


5.— Power  to  Receive  Dividends. 

[Use  Form  No.  1,  and  insert  the  following  at  f]  to  receive  dividends 
which  are  or  shall  become  payable  on  all  stock  standing  in  my  name  on 
the  books  of  [here  insert  the  name  of  the  bank,  company,  or  the  treas¬ 
urer  of,  etc.,  as  the  case  may  be]  and  give  a  receipt  for  the  same  [con¬ 
tinue  as  in  Form  No.  1  after  the  bracket]. 


6.— Power  to  Mortgage  Land. 

[Use  Form  No.  1,  and  insert  after  f  the  following]  to  borrow  money 
upon  the  security  of  my  land  in  to  an  amount  not  greater  than  and 
to  sign,  seal,  and  deliver  a  bond  or  bonds  for  the  payment  of  such  sums 
[insert  the  terms  upon  which  the  payment  is  to  be  made,  if  there  is  to  be 
a  limitation],  and  to  sign,  seal,  and  deliver  as  security  a  mortgage  or 
mortgages  upon  my  said  real  estate,  with  the  usual  power  of  sale,  and 
insurance  and  interest  clauses,  and  such  other  covenants  and  provisions 
as  are  customary  [continue  as  in  Form  No.  1  after  the  bracket]. 

3 


50 


HOW  TO  BE  TOUR  OWN  LAWTER. 


7.— Power  to  Sell  or  Transfer  Stock. 

[Use  Form  No.  1,  and  insert  the  following  after  f]  to  sell,  transfer, 
assign,  and  set  over  shares  of  stock  of  Mutual  Life  Insurance  Com¬ 
pany,  standing  on  the  books  of  said  company  in  my  name  [continue  aa 
in  Form  No.  1  after  the  bracket]. 

8— Power  to  Carry  on  Business. 

[Use  Form  No.  1  as  far  as  f,  then  the  following]  to  manage  and  carry 
on  the  business  of  to  buy  and  sell  goods  for  cash  or  on  credit,  on 
my  account,  for  such  prices  as  to  him  shall  seem  meet  [if  authorized  to 
manufacture  goods  it  should  be  so  stated  here],  or  to  become  due  in  con¬ 
nection  with  the  foregoing  business,  and  to  sue,  collect,  or  compromise 
all  claims  due  me,  and  to  make  and  execute,  sign,  seal,  and  deliver  for 
me,  and  in  ray  name,  all  bills,  bonds,  notes,  or  instruments  in  writing 
which  shall  be  necessary  for  the  proper  management  of  the  business 
[continue  as  in  Form  No.  1  after  the  bracket]. 

9.— Power  to  Vote. 

[Use  Form  No.  1,  and  insert  the  following  at  f]  to  vote  at  any  election 
of  officers  of  the  Long  Island  Railroad,  and  on  all  matters  as  may  properly 
come  before  the  stockholders  for  action  at  a  regular  [continue  as  in  Form 
No.  1  after  the  bracket]. 

10.— Power  to  Substitute  and  Revoke. 

[Use  Form  No.  1,  and  insert  the  following  at  f]  giving  my  said  attorney 
full  power  to  do  everything  which  may  be  necessary  and  requisite  to  be 
done  in  the  premises  as  fully  as  I  could  do  were  I  present,  with  full 
power  to  substitute  and  revoke,  hereby  ratifying  and  confirming  all  that 
my  said  attorney  or  his  substitute  may  lawfully  do  or  cause  to  be  done. 

In  witness  whereof,  etc.  [as  in  Form  No.  1]. 

11— Revocation  of  Power  of  Attorney. 

Know  all  men  that  whereas,  I,  John  Smith,  in  and  by  my  letter  of 
attorney  made  the  day  of  18  ,  did  make,  constitute,  and  appoint 
James  Brown,  as  may  more  fully  appear. 

Know  all  that  I,  the  said  John  Smith,  have  revoked,  recalled,  an¬ 
nulled,  and  made  void,  and  do  revoke,  recall,  annul,  and  make  void  the 
said  letter  of  attorney  mentioned  above,  and  all  powers  or  authorities 
therein  granted,  or  intended  to  be  granted,  to  the  said  James  Brown. 

In  witness  whereof,  etc.  [as  in  Form  No.  1]. 


AGREEMENTS. 

[See  Contracts.] 


HOW  TO  BE  YOUR  OWN  LAWYER. 


51 


APPRENTICES . 

[See  Master  and  Servant.] 


ARBITRATION  AND  AWARD . 

Arbitration  is  the  submission  of  the  differences  which  may  aris*  be¬ 
tween  parties  to  third  persons  called  arbitrators,  who  are  chosen  by  the 
parties.  An  agent  is  sometimes  given  authority  to  submit  his  principal’/ 
claims  to  arbitration. 

The  result  of  the  arbitration  is  called  the  Award. 

The  award  should  conform  to  the  terms  of  the  submission,  otherwiv 
it  has  no  force. 

Unless  the  submission  otherwise  provides,  all  questions  submitted  mu? 
be  decided,  and  if  this  is  not  done,  either  party  may  object. 

The  award  must  be  so  stated  that  there  can  be  no  doubt  as  to  what  the 
arbitrators  intended,  and  it  must  be  such  that  it  can  be  reasonably  carried 
out,  and  must  be  decisive. 

It  must  be  in  writing  and  sealed,  if  the  agreement  so  require. 

An  agreement  to  submit  to  the  decision  of  third  parties  may  be  revoked 
at  any  time  before  the  award,  but  the  party  breaking  the  agreement  ren¬ 
ders  himself  liable  to  a  suit  for  damages.  The  damages  in  such  a  case 
would  be  the  expenses  incurred  by  the  other  party  to  the  agreement. 

Arbitrations  are  of  two  kinds,  voluntary  and  compulsory. 

Voluntary  when  the  parties  agree  to  submit  the  question,  and  compul¬ 
sory  when  directed  by  an  order  or  rule  of  the  court  or  by  the  statutes  of 
the  State. 

An  agreement  to  submit  a  question  or  matter  in  dispute  is  a  valid  con¬ 
tract,  as  the  promise  of  each  party  to  the  other  is  a  sufficient  considera¬ 
tion.  • 

In  order  to  revoke  an  agreement  to  arbitrate,  a  notice  must  be  given, 
and,  until  such  notice  is  given,  there  is  no  revocation.  The  death  of 
either  of  the  parties  previous  to  the  award  is  a  revocation.  The  agree¬ 
ment  to  arbitrate  should  be  in  writing,  in  order  that  the  award  may  be 
enforced  by  law,  although  it  is  frequently  made  orally. 

If  the  parties  agree  as  to  the  amount  of  damages  in  case  the  agreement 
is  revoked,  it  is  a  valid  agreement,  and  payment  of  the  amount  agreed  to 
can  be  enforced  by  a  suit. 

By  custom,  arbitrators  are  entitled  to  the  same  fees  as  are  paid  to  ref 
erees  in  courts  of  record — generally  about  three  dollars  per  day. 


52 


now  TO  BE  YOUR  OWN  LAWYER. 


If  it  is  intended  that  the  proceeding  be  under  statute,  the  agreement 
should  so  state,  in  order  that  judgment  may  be  entered  on  the  award. 

The  following  forms  can  be  readily  changed  so  as  to  suit  any  specia. 
ease  which  may  arise  : 

7.-/4  Genera l  Form  of  Agreement  to  Arbitrate. 

Whereas,  disputes  and  differences  have  for  a  long  time  and  do  still  ex¬ 
ist  between  John  Smith,  of  county  of  State  of  and  James 
Brown,  of  county  of  State  of  in  reference  to  various  matters 
and  subjects. 

Now  therefore  we,  the  undersigned,  John  Smith  and  James  Brown, 
do  mutually  covenant  and  agree,  to  and  with  each  other,  to  submit  all 
kinds  of  actions,  causes  of  action,  suits,  disputes,  and  claims  or  demands 
of  any  kind  now  pending,  existing,  or  held  by  and  between  us,  Harold 
Post  and  William  Lewis,  to  George  Thorp,  who  shall  arbitrate,  award,  or¬ 
der,  judge,  and  determine  of  and  concerning  all  the  subject  above  referred 
to.  And  we  do  hereby  mutually  covenant  and  agree,  to  and  with  each 
other,  that  the  award  which  may  be  made  by  said  arbitrators  shall  be 
truly  and  faithfully  kept  and  performed  by  us  and  by  our  executors,  ad¬ 
ministrators,  and  assigns,  on  condition  that  the  award  be  in  writing  un¬ 
der  the  hands  and  seals  of  the  aforenamed  arbitrators  and  be  ready  for 
delivery  to  either  of  us  not  later  than  the  day  of  18  . 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals  this 


day  of  18  . 


John  Smith 
James  Brown 


Signed  and  sealed  in  the  presence  of 

[Names  of  witnesses.] 


2— Dispute  as  to  Wages. 


Whereas,  a  dispute  exists  between  James  Brown  and  John  Smith  in 
reference  to  wages  due  to  John  Smith  for  services  rendered  by  him  to 
said  Brown  as  [here  insert  the  kind  of  position  held]. 

Therefore,  we,  James  Brown  and  John  Smith,  do  covenant  and  agree, 
to  and  with  each  other,  to  submit  our  dispute  to  [continue  with  what  fol¬ 
lows  f  in  Form  1]. 


3.— Dispute  as  to  an  Account. 


Whereas,  a  dispute  exists  between  James  Thorp  and  John  Williams  in 
reference  to  an  account  between  them,  a  copy  of  which  is  annexed  hereto, 
as  to  whether  Thorp  ever  delivered  to  Williams  all  the  goods  mentioned 
therein,  and,  if  so,  what  should  be  paid  therefor. 

Therefore,  we,  the  subscribing  James  Thorp  and  John  Williams,  do 
mutually  covenant  and  agree,  to  and  with  each  other,  to  submit  our  said 
dispute  to  [continue  as  in  Form  1  from  f]. 


HOW  TO  BE  TOUR  OWN  LAWYER. 


53 


4— Disputes  concerning  Boundaries  and  Division  Lines. 

Whereas,  there  exists  a  dispute  between  us,  John  Jones  and  James 
Booth,  in  reference  to  the  boundaries  and  division  lines  of  certain  pieces 
of  land,  and  the  division  lines  belonging  to  the  said  Jones  and  Booth, 
and  being  in  the  town  of  county  of  State  of 
Therefore,  we,  the  subscribing  John  Jones  and  James  Booth,  do  mu¬ 
tually  covenant  and  agree,  to  and  with  each  other,  to  submit  our  said  dis 
pute  to  [continue  as  in  Form  1  from  f]. 


5— Bond  of  Arbitration. 

Know  all  men  that  I,  James  Booth,  of  the  town  of  county  of 
State  of  am  held  and  firmly  bound  to  John  Mason,  of  the  town  of 
county  of  State  of  in  the  sum  of  two  hundred  dollars  lawful  money 
of  the  United  States,  to  be  paid  to  the  said  Mason,  his  executors,  adminis¬ 
trators,  and  assigns,  for  the  payment  of  which,  to  be  well  and  truly  made, 
I  firmly  bind  myself,  my  heirs,  executors,  and  administrators. 

Sealed  with  my  seal,  dated  this  day  of  18  . 

The  condition  of  this  obligation  is  such  that  if  the  above  bounden 
James  Booth,  his  heirs,  executors,  and  administrators,  shall  in  all  things 
well  and  truly  abide  by  the  final  decision  of  [names  of  arbitrators]  arbi¬ 
trators  chosen  and  appointed  by  and  in  behalf  of  said  James  Booth  and 
also  of  John  Mason,  to  arbitrate,  award,  determine,  and  order  of  and 
concerning  all  and  all  manner  of  actions,  causes  of  action,  suits,  disputes, 
demands,  and  claims  of  any  kind  soever  now  pending,  existing,  or  held 
by  or  between  the  said  James  Booth  and  John  Mason,  so  that  the  said 
award  be  made  in  writing  under  the  hands  of  [names  of  arbitrators]  ar¬ 
bitrators  or  any  two  of  them,  and  be  ready  to  be  delivered  to  either  or 
such  of  the  parties  as  shall  desire  the  same  on  a  day  not  later  than  the 
day  of  18  .  Then  this  obligation  shall  be  considered  void,  oth¬ 
erwise  to  remain  in  full  force. 

James  Booth  [Seal]. 

Signed  and  sealed  in  the  presence  of 

[Names  of  witnesses.] 

[Each  party  should  sign  his  name  to,  and  deliver  a  copy  of,  the  above 
bond  to  the  other.] 

6.— Notice  of  Hearing. 

Please  take  notice  that  the  matter  of  difference  between  John  Smith 
and  James  Brown  will  be  brought  up  for  a  hearing  before  the  arbitrators 
at  the  office  of  George  Booth  on  the  day  of  18  at  o’clock  in 
the  noon. 

[Date.]  [Signature.] 

[Address.] 


54 


HOW  TO  BE  TOUR  OWN  LAWYER. 


7.— Revocation  of  the  Power  of  Arbitrators. 

Gentlemen  :  Take  notice  that  I  revoke  your  power  as  arbitrators  undel 
the  submission  made  to  you  by  John  Smith  and  myself  in  writing  on  tin 
6th  day  of  September,  18  . 

Yours,  etc. 

[Signature  and  seal.] 
To 

arbitrators,  etc. 


8.— Notice  to  Advise  Party  of  the  Revocation. 


Sir  :  Take  notice  that  I  have  revoked  the  powers  of  [names  of  arbitra¬ 
tors]  arbitrators  selected  to  settle  the  matters  in  dispute  between  us  by  a 
written  instrument,  a  copy  of  which  is  hereto  annexed. 

Yours,  etc. 

[Signature.] 


9.— Arbitrators’  Award. 


Matters  in  dispute  between  John  Smith,  of  town  of  county  of 
State  of  and  James  Brown,  of  town  of  county  of  State  of 
having  been  submitted  to  [names  of  arbitrators],  as  by  their  submis¬ 
sion  in  writing  bearing  date  the  day  of  18  more  fully  appears. 
Therefore,  know  that  we,  the  arbitrators  named  in  said  submission,  hav¬ 
ing  been  first  duly  sworn  according  to  the  law,  and  having  heard  the 
proofs  and  allegations  of  the  parties,  and  having  examined  the  matters  in 
dispute  by  them  submitted,  do  make  this  award  in  writing,  that  is  to  say, 
[here  insert  the  decision  of  the  arbitrators]. 

In  witness  whereof  we  have  hereto  subscribed  these  presents  this 
day  of  18  . 

[Signatures  of  arbitrators  and  seals.] 

Signed  and  sealed  in  the  presence  of 

[Signature  of  witness.] 

[In  some  States  by  statute,  judgment  is  allowed  to  be  entered  on  the 
award.  When  this  is  desired  and  is  permitted  by  the  statutes  of  the 
States,  insert  at  the  end  of  Form  1  and  before  the  clause  “  Witness  our 
hand  and  seals ”  the  following],  and  it  is  further  agreed  by  and  between 
the  parties,  that  judgment  in  accordance  with  the  award  made  shall  be 
rendered  upon  said  award  in  the  county  court  of  the  county  of  State 
of  to  the  end  that  all  matters  in  dispute  between  the  said  parties  may 
be  finally  determined. 


ASSIGNMENTS . 

[See  also  Insolvency.] 

An  assignment  is  the  transferring  and  making  over  to  another  the  en 
tire  interest  which  the  person  making  the  assignment  has  in  the  thing  as¬ 
signed. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


55 


The  person  making  the  assignment  is  called  the  assignor ,  the  person  to 
whom  it  is  made  the  assignee. 

Every  demand  connected  with  the  right  of  real  or  personal  property, 
such  as  estates,  interests  in  lands,  a  term  of  years,  rent  to  become  due, 
debt  for  goods  sold  and  delivered  evidenced  by  book  account,  a  judg¬ 
ment,  a  bond,  balance  of  account,  policy  of  insurance,  promissory  notes, 
checks,  bills  of  exchange,  etc.,  may  be  assigned. 

The  pay  or  commission  of  an  army  or  navy  officer  can  not  be  assigned, 
nor  can  the  salaries  of  judges,  nor  a  right  of  action  for  a  tort  or  fraud. 

The  proper  technical  words  in  an  assignment  are,  4 ‘  assign,  transfer, 
and  set  over,”  although  any  words  which  show  the  intent  of  the  parties 
to  make  a  complete  transfer  of  their  interests  will  answer. 

An  assignment  will  not  hold  good  if  not  made  in  good  faith,  and  any 
party  in  interest  may  object  to  it,  and  if  he  can  show  fraud  on  the  part 
of  the  assignor  it  will  be  overturned. 

The  assignee  of  a  debt  should  immediately  after  the  assignment  give 
notice  of  that  fact  to  the  debtor. 

If  the  debtor  has  no  notice  of  the  assignment  and  pays  the  assignor,  lie 
is  released  from  his  indebtedness,  but  not  so  if  notice  has  been  given  him. 

The  assignee  takes  the  debt  subject  to  all  the  claims  which  the  debtor 
may  have  had  against  the  assignor  at  the  time  of  the  assignment,  or  be¬ 
fore  the  debtor  had  notice  of  said  assignment,  and  has  no  better  title 
than  the  assignor  had. 

Formerly  an  assignee  was  not  allowed  to  sue  in  his  own  name,  but  by 
statutes  in  some  of  the  States,  especially  in  New  York,  Maryland,  Ohio, 
Missouri,  California,  Arkansas,  Mississippi,  and  Louisiana  the  assignee  of 
a  debt  may  bring  suit  in  his  own  name  in  a  court  of  law. 

The  assignment  should  be  in  writing.  This  is  not  always  necessary, 
but  it  is  always  better  in  order  to  be  on  the  safe  side. 

A  consideration  for  the  assignment  is  only  necessary  for  the  purpose  of 
sustaining  it  against  creditors  and  third  parties. 

[For  Assignments  for  the  benefit  of  Creditors  see  Insolvency.] 

An  assignment  of  a  mortgage  should  always  be  acknowledged  in  order 
that  it  may  be  recorded,  and  it  is  advisable  to  have  it  sealed. 

In  order  to  make  a  valid  assignment  of  an  insurance  policy  the  consent 
of  the  insurers  should  be  previously  obtained. 

The  rules  governing  assignment  of  an  insurance  policy,  if  an  assign- 
ment  is  allowed,  will  be  found  incorporated  in  the  body  of  the  policy. 


56 


HOW  TO  BE  YOUE  OWN  LAWYER. 


1  — Form  of  Assignment  which  may  be  Endorsed  ok  the  Instrumem 

Assigned. 

In  consideration  of  the  sum  of  dollars  [or  For  valued  received] , 

I  hereby  assign  the  within  [here  give  the  name  of  the  instrument  as¬ 
signed]  unto  John  Smith. 

[Date.]  [Signature.] 


2.— Form  with  Power  to  Sue. 


In  consideration  of  the  sum  of  ten  dollars  to  me  in  hand  paid,  the  re¬ 
ceipt  of  which  I  acknowledge,  I  hereby  transfer,  assign,  and  set  over  to 
James  Brown,  his  executors,  administrators,  and  assigns,  all  my  right, 
title,  and  interest  in  and  to  the  within  f  [here  insert  the  kind  of  claim  as¬ 
signed],  and  I  hereby  appoint  James  Brown  my  attorney,  to  act  in  my 
name  or  otherwise,  but  at  his  expense,  and  to  take  all  legal  measures 
which  ne  may  deem  necessary  for  the  recovery  of  the  assigned  premises. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal  this  day 
of  18  . 


Signed  and  sealed  in  the  presence  of 
[Witnesses.] 


[Signature.]  [Seal.] 


3— As  Security  for  the  Payment  of  a  Note. 

[Use  Form  2  and  insert  at  f  the  following  :]  This  assignment  is  made 
upon  the  condition  that  if  the  promissory  note  for  the  sum  of  twenty 
dollars,  dated  the  day  of  18  and  given  to  James  Brown  by  John 
Smith,  is  paid  according  to  the  terms  of  the  said  note,  then  this  assign¬ 
ment  is  to  be  considered  void.  [Then  follow  with  what  follows  the 
brackets  in  Form  2.] 


4— Assignment  of  a  Book  not  yet  Gopy righted. 

For  and  in  consideration  of  the  sum  of  dollars  to  me  in  hand  paid 
before  the  sealing  and  delivery  of  this  instrument,  the  receipt  of  which  I 
hereby  acknowledge,  I  hereby  sell,  assign,  transfer,  and  set  over  unto 
James  Brown,  his  executors,  administrators,  and  assigns,  all  my  right,  ti¬ 
tle,  and  interest  in  and  to  [§]  the  manuscript  of  a  certain  work  entitled  [name 
of  work],  which  I  have  written  and  of  which  I  am  the  owner,  with  all  my 
right,  title,  interest,  and  property  in  said  work,  and  all  the  advantages, 
profits,  and  losses  which  may  accrue  from  the  printing  and  publishing 
and  selling  of  said  work. 

And  I  do  hereby  give  the  said  James  Brown,  his  executors,  adminis¬ 
trators,  and  assigns,  the  full  power  and  authority  in  my  name  or  other, 
wise,  but  at  his  own  expense,  to  copyright  said  work  in  the  United  States. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


57 


In  witness  whereof  I  huve  hereunto  set  my  hand  and  seal  this  da} 
of  18  . 

[Names  of  witnesses.]  [Signature  and  seal.] 

5.—  Assignment  of  a  Copyright 

[Use  last  form  above  to  [§,]  then  as  follows  :]  The  copyright  heretofore 
taken  out  by  me  for  the  work  [name  of  book]  written  and  owned  by  me, 
the  certificate  of  which  copyright  is  hereto  annexed,  together  with  all  my 
right,  title,  interest,  and  property  in  and  to  said  work,  to  hold  and  enjoy 
the  same  for  the  period  for  which  it  was  copyrighted. 

In  witness  whereof  I  [or  we]  have  hereunto  set  my  [or  our]  hand  and 
seal  this  day  of  18  . 

[Signature  and  seal.] 

Signed  and  sealed  in  the  presence  of 

[Names  of  witnesses.! 


6.— Assignment  of  Contract  for  the  Sale  of  Real  Property. 

[Use  Form  2  and  insert  at  f  the  following  :]  A  contract  for  the  sale  of 
real  property,  being  [here  insert  description  of  the  property],  which  said 
contract  was  made  and  executed  by  M.  N.,  of  to  me,  and  bearing  date 
the  day  of  18  to  have  and  to  hold  the  same  unto  the  said  Y.  Z., 
his  heirs,  executors,  administrators,  and  assigns,  for  his  and  their  use  and 
benefit  forever ;  subject,  nevertheless,  to  the  covenants  and  conditions 
therein  mentioned. 

And  I  hereby  authorize  and  empower  the  said  Y.  Z.,  upon  his  perform¬ 
ance  of  the  said  covenants  and  conditions,  to  demand  and  receive  of  the 
said  N.  E.  the  deed  covenanted  to  be  given  in  the  said  contract,  in  the 
same  manner  and  for  all  purposes  as  I  myself  might,  or  could  do,  were 
this  instrument  not  executed. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal  this  day 
of  18  . 

[Names  of  witnesses.]  [Signature.] 


7  — Assignment  of  a  Lease. 

[Use  Form  2  and  insert  at  f  the  following  :]  The  within  indenture  of 
lease,  bearing  date  the  day  of  18  made  by  M.  N.,  of  to  me 
the  said  A.  B.,  of  a  dwelling-house  and  lot,  situate  in  with  the  prem¬ 
ises  therein  mentioned  and  described,  and  the  buildings  thereon,  together 
with  the  appurtenances ;  to  have  and  to  hold  the  same  unto  the  said 
James  Brown,  his  heirs,  executors,  administrators,  and  assigns,  from  the 
day  of  next,  for  the  remainder  of  the  term  of  mentioned  in 
the  said  indenture  of  lease  ;  subject,  however,  to  the  rents,  covenants, 
conditions,  and  provisions  therein  mentioned. 

And  I  hereby  covenant  and  agree  to  and  with  the  said  James  Brown, 
that  the  said  assigned  premises  now  are  free  and  clear  of  and  from  all 

3* 


58 


HOW  TO  BE  YOUR  OWN  LAWYER. 


former  and  other  gifts,  grants,  bargains,  sales,  leases,  judgments,  execu¬ 
tions,  back-rents,  taxes,  assessments,  and  encumbrances  whatsoever. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal  this  daj 
of  18  . 

[Signature.]  [Seal.] 

Signed  and  sealed  in  the  presence  of 

[Names  of  witnesses.] 


5.—  Assignment  of  a  Judgment 


Title 

of 

The  Cause. 


Judgment  and  costs,  $50.00. 

Judgment-roll  filed  in  the  office  of  the  clerk  of  on  the  day  oi 
18  . 

For  and  in  consideration  of  dollars  to  me  in  hand  paid,  I  hereby 
sell,  assign,  and  transfer  to  A.  B.  the  judgment  above  mentioned,  for  his 
use  and  benefit,  and  authorize  him  to  collect  and  enforce  the  payment 
thereof  in  my  name  or  otherwise,  but  at  his  own  expense,  and  covenant¬ 
ing  that  the  sum  of  dollars,  with  interest  from  the  day  of  18 
is  due  thereon. 

In  witness,  etc., 

[Signature.]  [Seal.] 

9 —Assignment  of  a  Mortgage. 

(Use  Form  1,  or  the  following  :] 

‘'or  and  in  consideration  of  the  sum  of  dollars  to  me  in  hand  paid 
by  C.  D.  of  the  receipt  of  which  is  hereby  acknowledged,  I,  A.  B., 
of  do  hereby  grant,  bargain,  sell,  transfer,  and  set  over  unto  said  C. 
D.,  his  heirs  and  assigns  forever,  a  certain  indenture  of  mortgage  made 
by  Joseph  Gay  of  on  the  day  of  18  for  the  consideration  of 
by  which  said  indenture  said  Gay  did  grant,  bargain,  sell,  and  con¬ 
vey  unto  me,  A.  B.,  of  my  heirs  and  assigns,  all  and  singular  [describe 
the  mortgaged  premises],  to  have  and  to  hold  the  same  to  me,  the  said  A. 
B.,  my  heirs  and  assigns  forever,  subject,  nevertheless,  to  the  following 
conditions  [state  the  conditions  of  the  mortgage]. 

And  I,  A.  B.,  do,  for  myself,  my  heirs,  executors,  and  administrators, 
hereby  authorize  and  empower  the  said  C.  D.  to  receive  all  sums  of 
money  now  due  or  to  become  due  on  said  mortgage,  and  to  take  all  legal 
measures  to  enforce  the  payment  of  said  sums  of  money,  but  at  his  own 
expense,  as  fully  as  I  could  do. 

And  I  do,  for  myself,  my  heirs,  executors,  and  administrators,  cove¬ 
nant  with  the  said  C.  D.,  his  heirs  and  assigns,  that  I  have  good  right  to 


HOW  TO  BE  YOUR  OWN  LAWYER. 


5£ 


assign  the  said  mortgage  and  the  said  premises  therein  mentioned  ;  sub* 
jeet,  nevertheless,  to  the  right  of  redemption  as  provided  by  law  in  such 
cases. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal  this  day 
of  18  . 


Signed  and  sealed  in  presence  of 
[Names  of  witnesses.] 


[Signature.] 


10.— Assignment  of  Letters  Patent. 

Be  it  known,  that  whereas  I,  A.  B.,  of  ,  did  obtain  letters  patent  of 
the  United  States  for  [insert  on  what  the  letters  patent  were  granted] 
which  said  letters  bear  date  the  day  of  ,  18  ,  I,  the  said  A.  B., 
in  consideration  of  dollars  [to  me  paid  before  the  sealing  and  delivery 
of  this  instrument,  the  receipt  whereof  is  hereby  acknowledged],  do  sell, 
assign,  transfer,  and  set  over,  unto  C.  D.,  of  ,  his  executors,  admin¬ 
istrators,  and  assigns,  all  my  right,  title,  and  interest  in  and  to  the  said 
invention,  as  secured  to  me  by  the  said  letters  patent,  to  have  and  to  hold 
the  same  to  the  said  C.  D.,  his  executors,  administrators,  and  assigns,  for 
his  and  their  own  use,  to  the  end  of  the  term  for  which  the  said  letters 
patent  were  granted,  as  fully  and  entirely  as  the  same  would  have  been 
held  and  enjoyed  by  me  had  this  assignment  not  been  made. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal,  this 
day  of  ,  18  . 

A.  B.  [Seal.] 

Sealed  and  delivered  in  presence  of 
[Signatures  of  witnesses.] 


11.— Assignment  of  an  Insurance  Policy. 

[Use  Form  1,  or  the  following  :] 

Be  it  known,  that  whereas  the  Insurance  Company  have  heretofore, 
for  value  received,  issued  to  me  their  policy  of  insurance,  in  writing, 
dated  the  day  of  ,  18  ,  whereby  they  insured  [state  what  was  in¬ 
sured]  against  [here  insert  against  what  the  insurance  was  effected]  in 
the  sum  of  dollars. 

Now  I,  A.  B.,  ol  ,  in  consideration  of  dollars,  to  me  paid  before 
the  sealing  and  delivery  of  these  presents,  the  receipt  whereof  is  hereby 
acknowledged,  do  sell,  assign,  transfer,  and  set  over,  unto  Y.  Z.,  of  , 
the  said  policy  of  insurance,  and  all  sum  and  sums  of  money,  interest, 
benefit,  and  advantage  whatsoever,  now  due,  or  hereafter  to  arise,  o.r  tc 
be  had  or  made,  by  virtue  thereof  ;  to  have  and  to  hold  the  same  unto 
the  said  Y.  Z.,  and  his  executors,  administrators,  and  assigns  forever. 

In  witness,  etc. 


Approval,  to  be  Endorsed  on  the  Preceding  Assignment. 

The  above  assignment  is  approved. 

M.  N.,  President  [or  Secretary] 

of  the  Insurance  Company. 


60 


HOW  TO  BE  TOUR  OWN  LAWTER. 


12.— Assignment  of  Partnership  Property  by  one  Partner  to 
Another,  to  Close  the  Concern. 

Whereas  a  copartnership  has  heretofore  existed  between  A.  B.  and 
C.  D.,  both  of  ,  under  the  firm  name  of  B.  and  D.,  which  said  co¬ 
partnership  is  hereby  dissolved. 

Now,  therefore,  this  indenture,  made  this  day  of  ,  in  the  year 
,  between  the  said  A.  B.  and  the  said  C.  D.,  witnesseth :  That  the 
said  A.  B.  doth  hereby  sell  and  assign  to  the  said  Y.  Z.  his  share  of  all 
the  stock  in  trade,  and  property,  of  every  description,  belonging  to  the 
said  copartnership,  wherever  the  same  may  be,  together  with  all  debts 
and  things  in  action,  due  said  firm,  from  all  persons,  to  have  and  to  hold 
the  same  to  the  said  C.  D.,  and  his  assigns,  forever,  but  nevertheless  in 
trust  as  follows,  viz.  :  That  the  said  Y.  Z.  shall  sell  and  dispose  of  all 
the  property  and  effects  belonging  to  said  copartnership,  at  such  time 
and  in  such  manner  as  he  may  think  best ;  and  shall  use  due  diligence  in 
collecting  all  the  debts  due  said  copartnership  ;  and  shall,  out  of  the  pro¬ 
ceeds  of  said  sales,  and  with  the  moneys  thus  collected,  pay  all  the  debts 
now  due  from  said  firm,  as  far  as  the  proceeds  of  said  sales,  and  the 
sums  of  money  collected,  will  go  ;  and  after  fully  satisfying  all  demands 
against  said  copartnership,  if  there  be  any  surplus,  shall  pay  over  a  pro¬ 
portionate  share  thereof  to  said  A.  B.,  or  his  representatives. 

And  the  said  A.  B.  does  hereby  constitute  the  said  C.  D.  his  attorney, 
irrevocable,  in  his  the  said  Y.  Z.’s  own  name,  or  in  the  name  of  the  said 
firm,  to  collect  all  debts  due  said  copartnership ;  to  institute  and  prose¬ 
cute  suits  for  the  recovery  of  said  debt3,  or  to  compromise  the  same,  as 
he  may  judge  best ;  to  defend  all  suits  against  said  copartnership,  sign 
all  papers  as  may  be  necessary ;  and,  generally,  to  do  all  such  acts  and 
things  as  may  be  necessary  or  proper,  for  complete  settlement  of  all  the 
business  and  concerns  of  the  said  copartnership. 

And  the  said  C.  D.,  for  himself,  and  his  heirs,  executors,  and  adminis¬ 
trators,  hereby  covenants  with  the  said  A.  B.,  and  his  executors,  admin¬ 
istrators,  and  assigns,  that  he  will  sell  and  dispose  of  all  the  partnership 
property  and  effects,  to  the  best  advantage  ;  that  he  will  use  his  best  en¬ 
deavors  to  collect  all  debts  due  said  copartnership  ;  and  that  he  will  faith¬ 
fully  apply  the  proceeds  of  sales,  and  the  moneys  collected,  to  the  pay¬ 
ment  of  all  debts  due  from  said  copartnership,  as  far  as  the  same  will  go ; 
and  after  discharging  all  such  debts,  will  pay  over  to  the  said  A.  B.,  or 
his  representatives,  one  moiety  of  any  surplus  that  may  remain ;  and 
further,  that  he  will  keep  an  accurate  account  of  all  moneys  received  by 
him,  for  goods  sold  or  debts  collected,  as  well  as  of  all  moneys  paid  out, 
and  will  render  a  just  account  thereof  to  the  said  A.  B.,  or  his  repre¬ 
sentatives. 

And  the  said  A.  B.,  for  himself,  his  heirs,  executors,  and  administra¬ 
tors,  covenants  with  the  said  C.  £>.,  his  executors,  administrators,  and 
assigns,  that  if  it  shall  be  found  that  the  debts  due  from  said  copartner¬ 
ship  exceed  the  amount  of  moneys  received  from  the  sale  of  said  partner¬ 
ship  property,  and  the  debts  collected,  he  will  pay  the  said  C.  I).,  o*  Lia 


HOW  TO  BE  YOUR  OWN  LAWYER, 


61 


assigns,  a  proportionate  share  of  any  balance  that  may  then  be  found  due 
from  the  said  firm. 

In  witness,  etc. 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Names  of  witnesses.] 


AUCTIONS . 

An  auction  is  a  public  sale  of  property  to  the  highest  bidder. 

The  person  conducting  the  sale  is  called  an  auctioneer. 

In  cities  and  incorporated  towns  he  is  required  to  take  out  a  license 
but  as  a  general  rule,  outside  of  the  places  referred  to,  no  license  is  re¬ 
quired. 

The  auctioneer  is  a  special  agent,  and  it  is  incumbent  on  the  bidders 
at  the  sale  to  ascertain  the  character  and  extent  of  his  agency. 

An  auctioneer  can  not  sell  on  credit  unless  he  is  specially  authorized  to 
do  so,  or  it  is  the  usage  of  trade ;  if  he  does,  without  the  authority  or 
usage,  he  becomes  responsible  to  the  person  employing  him  for  the  debt. 

An  auctioneer  has  an  implied  authority  to  sign  his  principal’s  name  in 
the  memorandum  of  sale. 

Every  bid  made  at  the  sale  is  an  offer  of  a  bidder,  and  it  immediately 
becomes  a  contract  when  the  auctioneer  signifies  his  acceptance  by  letting 
the  hammer  fall. 

The  bidder  is  at  liberty  to  withdraw  his  bid  at  any  time  before  it  is  ac¬ 
cepted.  An  auctioneer  should  disclose  the  name  of  his  principal  in  order 
to  free  himself  from  responsibility  if  sued  to  compel  a  completion  of  the 
contract. 

At  sales  of  real  property  a  true  description  of  the  premises  should  be 
given  ;  if  there  be  a  material  misstatement  the  sale  is  void. 

If  the  auctioneer  is  selling  one  thing,  and  the  bidder  thinks  he  is  bid¬ 
ding  on  another,  and  his  offer  is  accepted,  he  can  not  be  held,  as  one  of 
the  elements  of  a  contract,  agreement  of  minds,  was  wanting. 

An  owner  is  allowed  to  employ  a  person  to  bid  foi  him,  if  he  does  it 
merely  to  prevent  a  sacrifice  of  his  property. 

A  deposit  is  usually  made  to  the  auctioneer,  but  he  has  in  general  no 
authority  to  receive  the  entire  purchase-money. 

After  the  sale  his  agency  ceases. 


62 


HOW  TO  BE  TOOK  OWN  LAWYER. 


BANKRUPTCY. 

[See  Insolvency.] 


BILLS  OF  EXCHANGE. 

[See  Commercial  Paper.] 


BILLS  OF  SALE. 

A  bill  of  sale  is  a  written  conveyance  of  personal  property,  by  which 
one  person  transfers  all  his  right  and  interest  in  the  property  to  another. 

It  is  advisable  to  have  the  conveyance  under  seal,  although  it  is  not  al¬ 
ways  necessary. 

If  there  is  a  delivery  or  part  payment,  no  written  instrument  is  needed ; 
but  it  is  always  better  to  have  one  as  evidence  of  title  to  the  property. 

If  the  seller  continues  in  possession  of  the  property  after  the  sale,  the 
sale  is  presumptively  void  as  to  subsequent  purchasers  and  mortgagors 
who  were  ignorant  of  the  transaction,  unless  the  purchaser  can  show  that 
there  was  no  fraud  in  his  purchase,  and  that  he  had  good  reasons  for  al¬ 
lowing  the  seller  to  retain  possession  of  it. 

A  Common  Form. 


I,  Joseph  Gay,  of  the  town  of  county  of  State  of  party  of 
the  first  part,  in  consideration  of  the  sum  of  dollars,  lawful  money  of 
the  United  States,  to  me  in  hand  paid  by  John  Crump,  of  the  town  of 
county  of  State  of  do  grant,  bargain,  sell,  and  convey  to  said 
John  Crump  [here  name  in  detail  articles  or  interest  sold]. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal  this  day 
of  18  . 


Signed,  sealed,  and  delivered  in  the  presence  of 
[Names  of  witnesses.] 


[Signature.] 


Bill  of  Sale  of  a  Horse,  or  other  Animat,  with  Warranty. 

Be  it  known  that  I,  A.  B.,  of  in  the  county  of  and  State  of 

in  consideration  of  the  sum  of  dollars,  to  me  paid  by  C.  D.,  of 

aforesaid,  the  receipt  of  which  I  hereby  acknowledge,  do  bargain,  grant, 
sell,  and  convey  unto  C.  D.,  his  executors,  administrators,  and  assigns 
[here  insert  a  description  of  the  horse  or  other  animal],  to  have  and  to 
hold  the  same  unto  the  said  C.  D.,  his  executors,  administrators,  and 
assigns,  forever. 


now  TO  BE  YOUR  OWN  LAWYER. 


63 


And  I  do  hereby  warrant  the  said  horse  to  be  sound  in  every  respect, 
to  be  free  from  vice,  to  be  well  broken,  and  kind  and  gentle  in  single  and 
in  double  harness  and  under  the  saddle. 

And  I  do  for  myself,  my  heirs,  executors,  and  administrators  covenant 
and  agree,  to  and  with  the  said  C.  D.,  to  wari&nt  and  defend  the  said  de- 
scribed  property  hereby  sold  unto  the  said  C.  D.,  his  executors,  admin- 
trators,  and  assigns,  against  all  and  every  person  and  persons  whatsoever. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal  the  day 
of  18  . 


Signed,  sealed,  and  delivered  in  the  presence  of 
[Signature  of  witness.] 


A.  B.  [Seal.] 


Bill  of  Sale  in  Consideration  of  the  Assignee’s  agreeing  to  Main¬ 
tain  the  Assignor  for  Life. 

This  indenture,  made  on  the  day  of  18  between  A.  B.,  of 
in  the  county  of  and  C.  D.,  his  son,  of  the  same  place,  witnesseth : 
That  the  said  A.  B.,  in  consideration  of  the  covenants  hereinafter  con¬ 
tained,  to  be  performed  by  the  said  C.  D.,  and  of  the  sum  of  one  dollar, 
to  him  in  hand  paid  by  the  said  C.  D.,  the  receipt  whereof  is  hereby  ac¬ 
knowledged,  does  bargain,  grant,  sell,  and  convey  [here  set  out  the  prop¬ 
erty  sold],  to  have  and  to  hold  the  same  unto  the  said  C.  D.,  his  execu¬ 
tors,  administrators,  and  assigns,  forever. 

And  the  said  A.  B.  does,  for  himself  and  his  heirs,  executors,  and  ad¬ 
ministrators  covenant  and  agree,  to  and  with  the  said  C.  D.,  to  warrant 
and  defend  the  said  described  goods  hereby  sold  unto  the  said  C.  D.,  his 
executors,  administrators,  and  assigns,  against  all  and  every  person  and 
persons  whatsoever. 

And  in  consideration  of  the  premises,  the  said  C.  D.  does  hereby  for 
himself,  his  executors,  and  administrators  agree  with  the  said  A.  B.  that 
he  will  support  and  maintain  and  comfortably  and  sufficiently  clothe  the 
said  A.  B.,  and  in  all  respects  care  and  provide  for  him  for  and  during 
the  remainder  of  his  natural  life  ;  and  that  he,  the  said  C.  D.,  will  pay 
unto  the  said  A.  B.  the  sum  of  dollars  on  the  first  days  of  and 
in  each  and  every  year  during  the  said  life  :  Provided,  however,  that  the 
said  A.  B.  shall  not  refuse  to  reside  in  the  county  of  aforesaid,  except 
such  refusal  be  occasioned  by  inability  to  obtain  comfortable  and  suffi¬ 
cient  board,  lodging,  and  maintenance  in  the  said  county. 

In  witness  whereof  the  said  parties  have  hereunto  set  their  hands  and 
seals  the  day  and  year  above  written. 

A.  B.  [Seal.] 

In  presence  of  C.  D.  [Seal.] 

[Signature  of  witness.] 


Agreement  of  Sate. 

Memorandum  of  agreement  between  A.  B.,  of  and  C.  D.,  of 
The  said  A.  B.,  for  the  consideration  hereinafter  set  forth,  hereby 


64 


HOW  TO  BE  YOUR  OWN  LAWYER. 


agrees  to  sell  and  deliver  to  the  said  C.  D.,  at  [here  insert  the  subject- 
matter  of  the  sale.]  In  consideration  whereof  the  said  C.  D.  hereby  agrees 
to  pay  to  the  said  A.  B.  [here  state  the  consideration.] 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals. 

[Signatures.]  [Seals.] 

Signed  and  sealed  in  the  presence  of 

[Names  of  witnesses.] 


BONDS . 

A  bond  is  any  writing  under  seal  in  which  a  debt  or  obligation  is  ac¬ 
knowledged,  or  in  which  the  maker  shows  that  he  intends  to  bind  himself 
to  the  payment  of  a  fixed  sum  of  money. 

The  person  making  a  bond  is  called  the  obligor. 

The  person  to  whom  it  is  made  is  called  the  obligee. 

No  particular  words  are  required,  provided  the  intention  of  the  parties 
can  be  learned  from  the  instrument. 

The  words  “  Held  and  firmly  obliged  ”  are  usually  used. 

The  obligor  has  the  benefit  of  the  doubt  in  all  cases  where  the  intention 
of  the  parties  is  not  clear,  as  the  condition  of  the  bond  is  considered  the 
agreement  and  assent  of  the  obligee  and  made  for  the  benefit  of  the 
obligor. 

No  immaterial  alteration  of  a  bond  would  make  it  void,  but  it  is  advis¬ 
able  to  make  no  alterations  after  it  has  been  signed  and  sealed,  as  it 
might  give  rise  to  a  suit. 

Many  suits  arise  from  the  difficulty  in  deciding  whether  the  sum  men¬ 
tioned  in  the  condition  of  the  bond  is  to  be  considered  “a  penalty”  or 
“liquidated  damages.”  If  it  is  regarded  as  a  penalty,  the  court  will  re¬ 
duce  it  to  the  actual  amount  of  damages  suffered ;  but  if  it  is  regarded 
as  liquidated  damages  (damages  which  have  been  agreed  upon  at  the  time 
of  drawing  the  bond),  the  court  will  not  interfere  if  the  sum  named  is  not 
excessive,  but  will  allow  full  payment  to  be  enforced. 

If  the  amount  is  to  be  a  penalty,  the  words  “penalty  or  forfeit  ”  should 
be  used  ;  but  if  liquidated  damages  are  intended,  it  should  be  stated  that 
the  parties  have  agreed  to  consider  the  sum  mentioned  in  the  condition  as 
liquidated  damages,  and  all  words  such  as  “penalty”  and  “forfeiture” 
or  any  reference  to  them,  should  be  omitted. 

The  intention  of  the  parties  as  to  whether  it  was  intended  to  be  con¬ 
sidered  as  a  penalty  or  liquidated  damages,  even  though  either  term  is 


HOW  TO  BE  YOUR  OWN  LAWYER. 


65 


used,  is  to  be  learned  from  the  surrounding  circumstances  and  the  bond 
itself. 

The  first  part  of  the  bond  is  considered  the  obligatory  part,  and  is  ex¬ 
plained  by  the  condition. 

A  bond  being  under  seal  is  not  barred  by  the  Statute  of  Limitations 
until  the  lapse  of  twenty  years. 

The  surety  to  a  bond  is  under  the  same  obligation  to  the  obligee  as  is 
the  obligor.  If  any  alteration  is  made  in  the  instrument  without  the 
knowledge  or  consent  of  the  surety,  he  will  be  freed  from  his  liability. 

A  bond  should  be  entirely  finished  before  execution  and  delivery. 

If  a  surety  does  not  wish  to  be  bound  unless  some  other  person  or  per¬ 
sons  sign,  he  should  state  that  he  executed  it  on  this  condition  :  the  bond 
should  make  mention  of  this  fact. 

A  bond  will  be  considered  valid  when  it  conforms  substantially  to 
what  is  required  by  the  statutes,  and  does  not  vary  in  any  manner  to  the 
prejudice  of  the  person  for  whose  benefit  it  is  to  be  given. 


1.— Common  Form  of  Bond  for  Payment  of  Money. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  town  of  ,  in 
the  county  of  ,  and  State  of  ,  am  held  and  firmly  bound  unto  C. 
D. ,  of  the  said  town,  in  the  sum  of  dollars  [inserting  the  penal  sum, 
which  is  commonly  double  the  amount  of  the  principal  sum  intended  to 
be  secured],  lawful  money  of  the  United  States,  to  be  paid  the  said  C.  D., 
his  executors,  administrators,  or  assigns,  for  which  payment  well  and 
truly  to  be  made  I  do  bind  myself,  my  heirs,  executors,  and  administra¬ 
tors,  firmly  by  these  presents. 

Sealed  with  my  seal,  and  dated  the  day  of  ,  18  . 

The  condition  of  this  obligation  is  such,  that  if  the  above-bounden  A. 
B.,  his  heirs,  executors,  and  administrators,  or  any  of  them,  shall  well 
and  truly  pay,  or  cause  to  be  paid,  unto  the  above-named  C.  D.,  his  ex¬ 
ecutors,  administrators,  or  assigns,  the  just  and  full  sum  of  dollars 
[insert  the  principal  to  be  secured],  with  interest  thereon  at  the  rate  of 
per  cent,  per  annum,  on  the  day  of  ,  which  will  be  in  the 
year  one  thousand  eight  hundred  and  ,  without  any  fraud  or  other 
delay,  then  this  obligation  is  to  be  void,  otherwise  to  remain  in  full  force 
and  virtue.! 

A.  B.  [Seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Names  of  witnesses.] 


2.— Bond  with  Interest  Clause  given  with  a  Mortgage. 

[Use  Form  1  as  far  as  f,  then  as  follows  :] 

And  it  is  hereby  expressly  agreed,  that,  should  any  default  be  made  in 


66 


HOW  TO  BE  YOUR  OWN  LAWYER. 


the  payment  of  the  said  interest,  or  of  any  part  thereof,  on  any  Jay 
whereon  the  same  is  made  payable,  as  above  expressed,  and  should  the 
same  remain  unpaid  and  in  arrear  for  the  space  of  days,  then  and 
from  thenceforth — that  is  to  say,  after  the  lapse  of  the  said  days — 
the  aforesaid  principal  sum  of  dollars,  with  all  arrearage  of  interest 
thereon,  shall,  at  the  option  of  the  said  C.  D.,  or  his  executors,  adminis¬ 
trators,  or  assigns,  become  and  be  due  and  payable  immediately  there¬ 
after,  although  the  period  first  above  limited  for  the  payment  thereof 
may  not  then  have  expired,  anything  hereinbefore  contained  to  the  con¬ 
trary  thereof  in  anywise  notwithstanding. 

A.  B.  [Seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Names  of  witnesses.] 


3.— Bond  with  Insurance  Clause. 

[Use  Form  1  as  far  as  f,  then  as  follows  :] 

And  it  is  expressly  agreed  by  and  between  A.  B.  and  C.  D.,  the  par¬ 
ties  to  these  presents,  that  the  said  A.  B.  shall  and  will  keep  the  build¬ 
ings  erected  and  to  be  erected  upon  the  lands  above  conveyed,  insured 
against  loss  and  damage  by  fire,  by  insurers,  and  in  an  amount  approved 
by  the  said  C.  D. ,  and  assign  the  policy  and  certificates  thereof  to  the 
said  C.  D.  ;  and  in  default  thereof,  it  shall  be  lawful  for  the  said  C.  D. 
to  effect  such  insurance,  and  the  premium  and  premiums  paid  for  effect¬ 
ing  the  same  shall  be  a  lien  on  the  said  mortgaged  premises,  added  to  the 
amount  of  the  said  bond  or  obligation,  and  secured  by  these  presents, 
and  payable  on  demand  with  interest  at  the  rate  of  per  cent,  per 
annum. 

In  witness  whereof  the  said  A.  B.  has  hereunto  set  his  hand  and  see.] 
this  day  of  ,18  . 

[Signature.]  [Seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signature  of  witness.] 


4— Form  of  Bond  for  Payment  of  Money. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  in  the  county 
of  ,  and  State  of  ,  am  held  and  firmly  bound  unto  C.  D.,  of  , 
for  the  payment  of  dollars,  on  the  day  of  ,  18  ,  with  interest 
at  per  cent,  per  annum  ;  for  which  payment  I  bind  myself,  my  heirs, 
executors,  and  administrators,  to  the  said  C.  D.,  his  executors,  adminis¬ 
trators,  and  assigns. 

Witness  my  hand  and  seal  this  day  of  18  . 

A.  B.  [Seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signatures  of  witnesses.] 


HOW  TO  BE  TOUR  OWN  LAWYER. 


67 


5— Bond  to  Executors  or  Administrators. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  ,  in  the  county 
of  ,  and  State  of  ,  am  held  and  firmly  bound  unto  C.  D.  and  E. 
F.,  of  ,  in  said  State,  executors  of  the  will  of  R.  S.,  deceased  [or 
administrators  of  the  goods,  chattels,  and  credits  which  were  of  R.  S., 
deceased],  late  of  the  city  of  ,  and  State  of  ,  in  the  sum  of 
dollars,  lawful  money  of  the  United  States,  to  be  paid  to  the  said  execu¬ 
tors  [or  administrators]  as  aforesaid,  their  survivor  or  survivors,  or  their 
or  his  successors  or  assigns ;  for  which  payment,  well  and  truly  to  be 
made,  I  do  bind  myself,  my  heirs,  executors,  and  administrators,  firmly 
by  these  presents. 

Sealed  with  my  seal.  Dated  this  day  of  ,18  . 

The  condition  of  the  above  obligation  is  such,  that  if  the  above-bounden 
A.  B.,  his  heirs,  executors,  and  administrators,  or  any  of  them  shall  well 
and  truly  pay,  or  cause  to  be  paid,  unto  the  above-named  C.  D.  and  E. 
F.,  executors  [or  administrators]  as  aforesaid,  the  survivors,  or  survivor, 
or  his  or  their  assigns,  the  just  and  full  sum  [stating  the  sum  to  be  paid], 
with  interest  at  the  rate  of  per  cent,  per  annum  for  the  same,  on  the 
day  of  ,18  ,  without  fraud  or  other  delay,  then  this,  obligation 
is  to  be  void,  otherwise  to  remain  in  full  force  and  action. 

A.  B.  [Seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signatures  of  witnesses.] 


6.— Bond  for  Payment  of  an  Annual  Sum  to  a  Person  for  Life. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  town  of  ,  in 
the  county  of  ,  and  State  of  ,  am  held  and  firmly  bound  unto  C. 
D.,  of  the  town  of  ,  in  the  county  of  ,  and  State  of  ,  in  the 
sum  of  dollars,  lawful  money  of  the  United  States,  to  be  paid  to  the 
said  C.  D.,  his  executors,  administrators,  or  assigns  ;  for  which  payment, 
well  and  truly  to  be  made,  I  do  bind  myself,  my  heirs,  executors,  and 
administrators,  firmly  by  these  presents. 

Sealed  with  my  seal.  Dated  this  day  of  ,  18  .f 

The  condition  of  this  obligation  is  such,  that  if  the  above-bounden  A. 
B.,  his  heirs,  executors,  and  administrators,  or  any  of  them,  shall  well 
and  truly  pay,  or  cause  to  be  paid,  unto  the  said  C.  D.,  during  his  nat¬ 
ural  life,  the  clear  annual  or  yearly  sum  of  dollars,  on  the  day  of 
,  in  every  year,  the  first  payment  thereof  to  be  made  on  the  day 
of  next  ensuing  the  date  above  written,  then  the  said  obligation  is  to 
be  void  ;  but  if  default  shall  be  made  in  payment  of  the  said  annual  sum, 
or  any  part  thereof,  at  any  of  the  times  aforesaid,  then  the  said  obligation 
is  to  remain  in  full  force. 

[Signature  and  seal.] 

Signed  and  sealed  in  the  presence  of 
[Names  of  witnesses.] 


68 


HOW  TO  BE  YOUR  OWN  LAWYER. 


7 —Bona  for  Repayment  of  Purchase-Money,  on  a  Breach  oj 

Warranty. 

[Use  last  form  above  to  f,  then  as  follows  :] 

Whereas  the  said  A.  B.,  for  the  consideration  of  dollars  to  him  in 
hand  paid,  or  secured  to  he  paid,  did  make,  finish,  and  sell  unto  the  said 
C.  D.  [here  insert  article  which  was  sold],  which  he  has  delivered  to  said 

C.  D.,  which  he  has  and  hereby  does,  for  himself,  his  heirs,  executors, 
and  administrators,  warrant  to  be  good  in  each  and  every  respect,  and  to 
remain  good  and  sufficient  for  [here  insert  length  of  time  for  which  war¬ 
ranty  is  given]. 

Now,  therefore,  the  condition  of  this  obligation  is  such,  that  if  the  said 
[here  insert  name  of  article]  shall  so  be  and  remain  for  the  time  afore¬ 
said  ;  or  in  case  the  same  or  either  of  them  shall  within  the  time  afore¬ 
said  prove  defective  or  insufficient,  in  the  opinion  of  any  three  competent 
mechanics  or  engineers,  who  shall  be  disinterested,  if  in  such  case  the 
above-bounden  A.  B.,  his  heirs,  executors,  and  administrators,  or  any  of 
them,  shall  well  and  truly  repay,  or  cause  to  be  repaid,  unto  the  said  C. 

D.  and  his  heirs,  executors,  or  administrators,  the  said  sum  of  dollars, 
with  legal  interest  from  the  day  of  ,  18  ,  upon  the  re-delivery  to 
him  or  them,  at  aforesaid,  of  such  [here  insert  name  of  article],  then 
this  obligation  is  to  be  void  ;  otherwise,  to  remain  of  full  force. 

[Signatures  and  seals.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Names  of  witnesses.] 

8.— Bond  for  the  Fidelity  of  a  Clerk,  Treasurer,  Cashier,  Teller, 

etc. 

Know  all  men  by  these  presents,  that  we,  A.  B.,  of  xhe  town  of  , 
in  the  county  of  ,  and  State  of  ,  and  C.  D.,  of,  etc.,  are  held  and 
firmly  bound  unto  E.  F.,  of  the  town  of  ,  in  the  county  of  ,  and 
State  of  ,  merchant,  in  the  sum  of  dollars,  lawful  money  of  the 
United  States,  to  be  paid  to  the  said  C.  D.,  his  executors,  administrators, 
or  assigns,  for  which  payment,  well  and  truly  to  be  made,  we  do  bind 
ourselves,  our  heirs,  executors,  and  administrators,  jointly  and  severally, 
firmly  by  these  presents. 

Sealed  with  our  seals.  Dated  this  day  of  ,  18  . 

Whereas  the  above-named  E.  F.  has  employed  H.  M.  as  [here  insert 
the  position  to  be  held],  in  their  business  of  :  Now  the  condition  of 
this  obligation  is  such,  that  if  the  said  H.  M.  shall  well  and  faithfully  [or 
with  honesty  and  in  good  faith]  discharge  his  duties  as  such  ,  and 
shall  also  account  for  all  moneys  and  property,  and  other  things  which 
may  come  into  his  possession  or  under  his  control  therein,  then  this  obli¬ 
gation  is  to  be  void  ;  otherwise,  to  remain  in  full  force. 

[Signature  and  seal.] 

Signed  and  sealed  in  the  presence  of 
[Names  of  witnesses.] 


HOW  TO  BE  YOTTE  OWN  LAWYER. 


69 


9. — Bond,  with  Surety,  to  indemnify  Maker  of  Note  for  Accommo¬ 

dation  from  Loss  thereby. 

Know  all  men  by  these  presents,  that  we,  A.  B.,  of  the  town  of  in  the 
county  of  and  State  of  and  C.D.,  of  are  held  and  firmly  bound  unto 
E.  F.,  of  the  town  of  in  the  county  of  and  State  of  in  the  sum 
of  dollars,  lawful  money  of  the  United  States,  to  be  paid  to  the  said 
E.  F.,  his  executors,  administrators,  or  assigns  ;  for  which  payment,  web 
and  truly  to  be  made,  we  do  bind  ourselves,  our  heirs,  executors,  and  ad¬ 
ministrators,  jointly  and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals.  Dated  this  day  of  18  .f 

Whereas  the  said  E.  F.  has,  without  consideration  to  him  moving 
therefor,  and  solely  for  the  accommodation  of  the  above-bounden  A.  13., 
made  and  advanced  to  said  A.  B.  his  promissory  note  for  dollars, 
bearing  date  the  day  of  18  and  payable  to  [with  interest] 
days  after  the  date  thereof  : 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said  above- 
bounden  A.  B.  and  C.  D ,  their  executors  or  administrators,  or  an)  of 
them,  shall  well  and  truly  pay  the  said  sum  of  dollars,  for  the  pay¬ 
ment  of  which  the  said  note  is  so  given,  and  the  interest  thereof,  on  the 
day  of  payment  therein  mentioned,  and  in  full  discharge  thereof,  and  in¬ 
demnify  and  save  harmless  the  said  E.  F. ,  his  executors  and  administra¬ 
tors,  from  and  against  any  and  all  suits,  actions,  damages,  costs,  charges, 
and  expenses  by  reason  of  said  note,  then  this  obligation  is  to  be  void  ; 
otherwise,  to  remain  in  full  force. 

A.  B.  [Seal.] 

C.  D.  [Seal.] 

Signed  and  sealed  in  the  presence  of 

[Names  of  witnesses.] 

10. —  Bond  to  indemnify  Tenant  on  Paying  Rent  when  Title  is  in 

Dispute. 

[Use  last  form  to  f,  then  the  following  :] 

Whereas  the  above-named  A.  B.  claims  from  the  said  E.  F.  rent  of 
certain  premises  in  [describe  premises],  to  wit,  dollars,  due  on  the 
day  of  18  and  one  H.  M.  also  claims  some  title  to  said  premises, 
and  to  be  of  right  entitled  to  said  rents  or  some  part  thereof  : 

Now  the  condition  of  the  above  obligation  is  such,  that  if  the  above- 
bounden  A.  B.  and  C.  D.,  their  heirs,  executors,  and  administrators,  or  any 
of  them,  shall  well  and  truly,  at  all  times,  indemnify  and  save  harmless  the 
said  E.  F. ,  his  heirs,  executors,  and  administrators,  from  and  against  any 
and  all  actions,  suits,  damages,  costs  and  expenses,  for  or  by  reason 
thereof,  then  this  obligation  is  to  be  void ;  otherwise,  to  remain  in  full 
force. 

A.  B.  [Seal.] 

C.  D.  [Seal.] 

Signed  and  sealed  in  the  presence  of 

[Names  of  witnesses.] 


70 


HOW  TO  BE  YOUR  OWN  LAWYER. 


CATTLE  AND  DOG  LAWS . 

The  owner  of  a  vicious  or  mischievous  animal,  known  to  him  to  be 
such,  is  responsible  for  all  damages  which  it  may  do  when  he  permits  it 
to  run  at  large.  This  is  true,  even  though  it  is  kept  on  his  own  prop¬ 
erty  ;  as,  for  example,  if  a  person  is  bitten  by  a  dog  during  daylight 
when  walking  along  the  path  to  or  from  the  house  of  the  owner  or  keeper 
of  the  dog. 

Any  person  may  be  justified  in  killing  such  an  animal  when  attacked 
by  it  in  such  a  manner  as  to  lead  him  to  suppose  that  he  may  suffer  bod¬ 
ily  harm. 

The  owner  is  at  the  same  time  liable  to  be  indicted  for  keeping  a  nui¬ 
sance. 

A  notice  put  up  by  the  owner  to  beware  of  the  dog  does  not  relieve  him 
from  his  responsibility,  provided  that  the  person  injured  is  lawfully  on 
the  path  to  the  house  and  is  unable  to  read. 

It  is  not  even  necessary  to  show  that  the  owner  or  person  keeping  the 
animal  was  negligent  in  taking  care  of  it. 

Dangerous  dogs  may  be  destroyed  by  the  order  of  justices. 

The  owners  or  keepers  of  a  dog  are  responsible  for  all  damages  it  may  do. 

The  same  general  rules  set  forth  in  reference  to  dogs  are  applicable  to 
all  kinds  of  vicious  or  ferocious  animals. 

The  owner  of  cattle  is  liable  for  all  damages  which  they  may  cause  on 
the  land  of  another  person,  unless  he  can  show  that  the  person  suffering 
the  damage  was  bound  to  fence  and  failed  to  do  so. 

If  cattle  are  trespassing  on  the  lands  of  another  person  and  from  there 
get  on  the  railroad  track  through  a  defect  in  the  fence  and  are  killed,  the 
railroad  is  not  liable,  as  its  liability  only  relates  to  cattle  of  the  owner  of 
the  adjoining  land  ;  but  if  the  cattle  are  being  driven  along  the  road  and 
stray  on  the  track  and  are  killed,  the  railroad  would  be  liable. 

If  one  person  owns  the  surface  of  land  and  another  the  minerals  under¬ 
neath,  as  is  frequently  the  case  in  mining  sections,  the  owner  of  the  minerals 
is  liable  for  all  damages  to  cattle  wrhich  may  result  from  unfenced  shafts 
or  openings. 

Stray  cattle  may  be  shut  up  by  the  owner  or  tenant  of  lands  on  which 
they  are  trespassing.  Notice  should  be  immediately  given  to  the  town 
clerk,  whose  duty  it  is  to  keep  a  record  of  such  notices.  The  party  giv. 
ing  the  notice  must  pay  the  clerk  a  fee  for  entering  the  same,  and  can  re¬ 
tain  possession  of  the  cattle  until  all  his  expenses  and  reasonable  charges 
for  caring  for  them  are  paid.  After  having  kept  them  for  a  certain 


HOW  TO  BE  YOUR  OWN  LAWYER. 


71 


length  of  time,  which  is  fixed  by  statute  in  the  various  States,  the  cattle 
are  advertised  and  sold  and  the  amount  of  expenses  and  charges  for  car¬ 
ing  for  them  is  paid  to  the  party  keeping  them,  and  the  surplus  if  any  is 
paid  over  to  the  owner  if  he  can  be  found  ;  if  not,  it  is  to  be  paid  into  the 
county  treasury. 

The  special  laws  relating  to  cattle  and  dogs  will  be  found  in  the  stat¬ 
ute  books  of  the  various  States. 


COMMON  CARRIERS. 

A  common  carrier  is  a  person  who  undertakes  for  hire  to  transport  the 
goods  of  such  as  may  choose  to  employ  him,  from  place  to  place. 

Common  carriers  are  divided  into  two  classes — common  carriers  of 
goods  and  common  carriers  of  passengers. 

Common  carriers  of  goods  are  generally  held  responsible  for  all  losses 
or  damages  during  transportation  arising  from  any  cause  except  the  act 
of  God,  the  public  enemy  in  time  of  war,  or  a  mob. 

There  are  cases  in  which  a  common  carrier  of  goods  would  be  liable 
where  he  was  prevented  from  completing  the  transportation  by  the  act 
of  God,  viz.,  where  he  unnecessarily  delayed  sending  the  goods  until  the 
roads  became  impassable,  or  the  canal  or  river  froze,  or  the  goods  were 
damaged  by  flood. 

Common  carriers  are  railway  companies,  express  companies,  truckmen,  * 
carmen,  porters,  stage-coach  proprietors,  teamsters,  wagoners,  whether 
they  carry  goods  from  one  part  of  a  town  or  city  to  another  part,  or  to 
any  part  of  the  country,  and  also  the  owners  and  masters  of  every  kind 
of  craft  navigating  the  waters,  provided,  however,  the  owners  or  masters 
hold  themselves  out  to  the  public  as  carriers  of  all  kinds  of  freight  for 
all  who  may  wish  to  employ  them. 

If  the  loss  or  damage  results  from  natural  causes,  such  as  evaporation, 
fermentation,  frost,  natural  decay  of  perishable  articles,  leakage,  or  the 
usual  wear  and  tear  in  the  course  of  transportation,  the  carrier  is  not  re¬ 
sponsible,  provided  that  he  used  reasonable  diligence  to  protect  the  goods 
from  loss  or  damage  while  in  his  charge. 

Proprietors  of  stage-coaches  are  not  necessarily  common  carriers  of 
goods  unless  they  usually  carry  goods  of  others  than  their  passengers. 

A  common  carrier  of  goods  is  bound  to  carry  all  goods  offered,  and  if 
he  refuses  is  liable  to  an  action.  He  may  restrict  his  business  to  carrying 
a  special  kind  of  goods,  in  which  case  he  is  not  bound  to  receive  othei 


72 


HOW  TO  BE  YOUR  OWN  LAWYER. 


goods.  He  is  at  the  same  time  entitled  to  his  pay,  and  may  refuse  to 
carry  the  goods  unless  paid  in  advance. 

The  carrier  has  a  lien  on  the  goods  while  they  remain  in  his  possession 
until  his  charges  are  paM.  If  he  allows  the  goods  to  go  out  of  his  pos¬ 
session  his  lien  is  lost. 

The  responsibility  of  the  common  carrier  begins  as  soon  as  the  goods 
are  delivered  and  received  by  him  or  his  authorized  agent.  The  delivery 
is  sufficient  if  at  the  place  where  the  carrier  usually  receives  goods,  or  at 
a  place  suggested  by  him  or  his  agent,  provided  that  the  delivery  is  brought 
to  the  notice  of  the  carrier  or  his  agent.  It  must  be  made  at  a  reasonable 
hour. 

If  the  goods  are  delivered,  with  a  request  at  the  same  time  not  to  for¬ 
ward  them  until  some  future  day,  the  carrier’s  responsibility  as  a  carrier 
does  not  begin  until  that  day  arrives.  The  responsibility  of  a  common 
carrier  ends  as  soon  as  he  has  delivered  the  goods  at  their  destination, 
which  must  be  done  during  business  hours,  or  a  sufficient  length  of  time 
has  elapsed  for  the  owner  to  receive  them.  The  goods  must  be  delivered 
to  the  owner,  his  consignee,  or  to  his  agent,  unless  there  is  a  special 
agreement  as  to  the  time,  place,  and  manner  of  delivery. 

In  the  case  of  railroads  the  delivery  is  usually  sufficient  to  relieve  them 
from  the  responsibilities  of  common  carriers  of  goods,  if  a  reasonable 
time  has  elapsed  since  the  parties  were  notified  of  the  arrival  of  their 
goods. 

If  a  carrier  agrees  to  deliver  goods  at  a  specified  time,  he  is  liable  to  an 
action  if  damages  result  from  his  failure  to  carry  out  the  agreement.  As 
a  carrier  he  is  bound  to  deliver  the  goods,  and  the  owner  is  bound  to  re¬ 
ceive  them  and  pay  the  freight. 

The  carrier  is,  as  a  matter  of  course,  released  from  his  obligation  to 
deliver  at  the  destination,  if  prevented  from  so  doing  by  illegal  acts  of 
the  owner  of  the  goods. 

If  the  goods  are  destroyed  to  save  life  or  property  the  carrier  is  re¬ 
leased  from  his  liability  ;  so  also  if  he  is  not  informed  of  the  peculiar  na¬ 
ture  of  the  goods,  so  as  to  be  able  to  give  them  the  care  required,  and 
loss  or  damage  to  them  results  in  consequence. 

The  distinction  between  a  common  carrier  and  a  private  carrier  is  that 
the  former  has  a  lien  on  the  goods  he  carries  for  the  freight  money,  while 
the  latter  has  no  such  lien.  The  carrier  is  not,  as  a  general  rule,  held 
liable  beyond  the  limit  of  his  route,  unless  the  usage  of  the  business  is 
such,  or  his  language  or  conduct  is  such,  as  to  show  that  he  takes  the 
goods  as  carrier  for  the  whole  route.  If  he  should  receive  payment  for 


HOW  TO  BE  YOUR  OWN  LAWYER. 


73 


the  whole  route  this  would  be  evidence  going  to  show  that  he  acted  aa 
such  carrier. 

A  railroad  is  liable  for  damages  and  losses  to  goods  which  it  receives 
from  other  railroads  and  transports  on  its  own. 

The  contracts  of  common  carriers  of  goods  are  usually  controlled  by 
the  known  usages  and  customs  of  trade  and  the  business  in  which  they 
are  engaged.  If  the  goods  are  damaged  or  the  carrier  fails  to  deliver 
them  in  time,  the  owner  is  still  obliged  to  receive  them,  but  can  hold  the 
carrier  for  all  damages  or  losses  which  he  may  have  sustained. 

For  example,  if  at  the  time  the  goods  were  to  be  delivered  they  were 
selling  at  a  certain  profit,  but  at  the  time  of  actual  delivery  the  profit  was 
less,  the  carrier  would  be  liable  for  the  difference. 

If  goods  are  delivered  to  a  railway  company  and  they  are  prevented 
from  forwarding  them  on  account  of  a  strike  among  their  employes, 
they  are  still  liable  for  all  losses  or  damages  which  may  result  to  the 
owner  of  the  goods. 

A  carrier  may  make  a  special  agreement  with  the  sender  by  which  he 
can  diminish  his  responsibility,  but  he  can  not  force  such  an  agreement 
on  the  sender,  nor  from  his  silence  infer  that  he  consents.  He  can 
not  relieve  himself  entirely  from  all  responsibility,  but  is  liable  for  all 
loss  or  damages  which  result  from  his  default  or  negligence.  A  carrier 
can  not  be  compelled  to  take  goods  which  differ  from  his  usual  course 
of  business. 

lie  can  place  a  limit  to  the  value  of  goods  which  he  will  carry  at  a 
certain  rate,  and  say  that  he  must  be  paid  a  higher  rate  for  goods  of  a 
greater  value. 

If  the- goods  need  special  care,  notice  of  their  nature  should  be  given 
to  the  carrier,  as  he  is  only  bound  by  a  responsibility  which  he  knows 
and  can  provide  for. 

The  liability  of  common  carriers  of  goods  and  common  carriers  of 
passengers  varies  to  a  considerable  extent.  While  the  former  are  field 
strictly  responsible  for  all  losses  and  damages  with  the  exceptions  pre¬ 
viously  mentioned,  the  latter  are  not  held  to  that  strict  responsibility. 
The  principal  reason  for  this  difference  is,  that  the  former  have  absolute 
control  over  goods,  but  the  latter  can  not  so  control  passengers. 

Carriers  of'  passengers  are  liable  only  where  the  injury  arises  from 
their  own  negligence,  however  slight  this  negligence  may  be,  and  are 
bound  to  the  highest  degree  of  care  and  watchfulness. 

The  earner  must  receive  all  passengers  who  offer,  unless  there  is  an 
unexpected  press  of  travel,  and  all  their  mean3  of  transportation  are  ex- 

4 


n 


HOW  TO  BE  YOUR  OWN  LAWYER. 


hausted,  and  must  provide  suitable  means  of  transportation,  and  at  the 
same  time  may  make  and  enforce  all  reasonable  regulations  in  reference 
to  his  business.  He  can  refuse  to  carry  disorderly  or  offensive  persons. 

If  injury  results  from  negligence  on  the  part  of  the  passenger,  the 
carrier  is  not  liable.  Common  carriers  of  goods  or  of  passengers  are 
liable  for  injury  to  a  stranger  if  it  is  caused  by  negligence  on  the  part  of 
themseives  or  other  employes. 

A  common  carrier  of  passengers  is  liable  to  the  passenger  for  loss  of 
baggage  up  to  a  reasonable  amount,  which  amount  would  vary  with  cir¬ 
cumstances.  A  passenger  is  justified  in  offering  resistance  if  an  attempt 
is  made  to  eject  him  from  the  train  while  in  motion,  and  if  injured,  may 
hold  the  railroad  liable. 

Carriers  of  passengers  are  bound  to  carry  for  the  whole  route  for 
which  they  advertise,  and  to  demand  no  more  than  the  usual  and  estab¬ 
lished  fare. 


CHATTEL  MORTGAGES. 

[See  Mortgages.] 


COMMERCIAL  PAPER. 

Bills  of  Exchange  or  Drafts,  Bills  of  Lading,  Checks,  and 
Promissory  Notes. 

A  Bill  of  Exchange  or  a  Draft  is  a  written  order  or  request  from  one 
person  to  another,  directing  the  person  to  whom  it  is  addressed  to  pay  to 
a  third  person,  his  order,  or  to  bearer,  a  certain  sum  of  money  named 
therein. 

The  person  directing  the  payment  is  called  the  drawer.  The  person 
directed  to  make  the  payment  is  called  the  drawee,  and  the  person  in 
whose  favor  it  is  made  is  called  the  payee. 

Bills  of  exchange  are  of  two  kinds,  foreign  and  domestic. 

Foreign  when  drawn  on  parties  living  in  different  countries  or  States, 
and  domestic,  when  the  drawer  and  the  drawee  are  residents  of  the  same 
State  or  country. 

To  render  a  bill  of  exchange  negotiable,  it  should  state  a  definite  sum 
of  money,  which  is  to  be  paid  absolutely  and  at  a  certain  fixed  time  tc 
some  person,  his  order,  or  to  the  bearer. 


TO  BE  YOUR  OWN  LAWYER. 


75 


It  should  be  properly  dated,  both  as  to  time  and  place  of  making. 
The  sum  for  which  the  bill  is  drawn  should  be  written  in  the  body  oi 
the  instrument. 

The  drawer  should  sign  his  name  to  the  bill. 

The  payee  can  transfer  the  bill  by  writing  his  name  across  the  back  ; 
tie  then  becomes  an  endorser. 

The  bill  is  endorsed  in  full  or  in  blank  ;  in  full  when  mention  is  made 
of  the  name  of  the  endorsee  ;  in  blank  when  the  endorser  simply  signs 
his  name  on  the  back  of  the  bill.  If  the  endorser  does  not  wish  to  be 
held  liable  for  payment  in  case  of  default,  he  should  write  the  words 
41  without  recourse  ”  before  his  name. 

If  he  acts  as  agent  he  should  sign  his  name  as  such. 

The  bill  should  be  presented  for  acceptance  to  the  drawer  or  his  au¬ 
thorized  agent.  The  acceptance  must  be  absolute. 

The  person  accepting  the  bill  does  so  by  writing  the  word  “ accepted” 
together  with  the  date  of  acceptance  across  the  face  and  signing  his  name. 

The  acceptance  is  usually  written  with  red  ink. 

If  the  drawee  refuses  to  accept  the  bill  or  makes  default  in  payment 
after  acceptance,  notice  of  this  fact  should  be  immediately  given  by  each 
endorser  or  holder  to  his  immediate  preceding  endorser. 

If  the  payee  is  the  holder,  he  should  notify  the  drawer.  This  notice  is 
required,  in  order  that  each  endorser  may  take  measures  to  secure  him¬ 
self. 

The  drawee  is  not  liable  on  the  bill  until  he  accepts. 

The  drawer  is  liable  conditionally,  on  the  refusal  of  the  drawee  to  ac¬ 
cept,  or  on  his  default  in  payment  after  acceptance. 

Bills  of  Lading. 

A  bill  of  ladmi?  is  a  written  evidence  of  a  contract  for  the  carriage  and 
delivery  of  goods  by  sea  or  railroad,  and  is  signed  by  the  captain  or 
master  of  the  ship  or  vessel,  or  by  the  authorized  agent  of  the  railroad 
company,  and  states  that  certain  goods  therein  specified  were  delivered 
to  him  in  good  order  by  the  consignor  at  a  place  mentioned,  which  goods 
he  agrees  to  deliver  in  good  order  (the  perils  of  the  sea  or  land  excepted) 
to  the  consignee  at  a  place  therein  named. 

These  bills  are  usually  made  out  in  a  set  of  three — one  being  kept  by 
the  party  sending  the  goods,  another  is  sent  to  the  consignee  with  the 
goods,  and  the  third  is  mailed  to  him. 

A  bill  of  lading  is  assignable  by  endorsement  and  delivery  of  the  bill 


76 


HOW  TO  EE  YOUR  OWN  LAWYER. 


and  such  a  transfer,  if  made  in  good  faith  and  for  a  valuable  considera¬ 
tion,  entitles  the  assignee  to  possession  of  the  goods  free  from  all  claims 
of  the  consignor. 

Bills  of  lading  are  not  negotiable,  because  there  is  no  promise  to  pay 
money. 

Bank  Checks. 

A  check  is  a  written  request  addressed  to  a  bank  or  a  banker  by  a  per¬ 
son  having  money  on  deposit  with  either,  directing  that  a  certain  sum  of 
money  be  paid  by  said  bank  or  banker  to  a  person  named  therein,  or  his 
order,  or  to  the  bearer. 

A  check  on  a  bank  should  be  presented  for  payment  at  once  or  within 
a  reasonable  time. 

The  drawer  of  the  check  is  not  discharged  from  liability  by  delay  in 
the  presentment,  unless  he  can  show  that  he  has  suffered  injury  by  the 
delay,  as,  for  example,  by  the  failure  of  the  bank  on  which  the  check  was 
drawn. 

If  a  bank  pays  a  check  which  has  been  forged,  it  must  bear  the  loss. 

An  acceptance  of  a  check  is  not  a  discharge  of  the  debt,  unless  the  par¬ 
ties  intended  it  to  be  such. 

Checks  are  transferred  by  endorsement  on  the  back,  and  this  may  be  in 
full  or  in  blank,  as  in  cases  of  bills  of  exchange. 

Promissory  Notes. 

A  promissory  note  is  a  written  promise  to  pay  a  certain  sum  of  money 
at  a  future  time  unconditionally. 

The  party  signing  the  note  is  called  the  maker,  and  the  party  in  whose 
favor  it  is  drawn  the  payee. 

If  payment  is  to  be  made  only  to  the  payee,  the  note  is  not  negotiable  ; 
but  if  made  payable  to  him,  his  order,  or  to  bearer,  it  has  the  necessary 
qualifications  of  negotiable  paper. 

A  promissory  note,  after  it  has  been  endorsed  by  the  payee,  is  similar 
to  a  bill  of  exchange,  and  is  governed  by  most  of  the  rules  which  apply 
to  bills.  The  essential  qualities  to  give  validity  to  a  note  are  that  it  be  paid 
absolutely  and  at  all  events  (that  is,  that  its  payment  is  not  to  depend  on 
any  condition),  and  in  money. 

A  note  passes  by  endorsement,  which  may  be  in  full  or  in  blank,  as  in 
the  case  of  bills  of  exchange. 

If  endorsed  in  blank  it  can  be  transferred  through  any  number  of 
hands  without  further  endorsement  until  presented  for  payment,  when 


+<^+<^+<S>+<^-kj> 


HOW  TO  BE  YOTJR  OWN  LAWYER.  77 

the  holder  of  the  note  writes  over  the  last  endorsement  an  order  to  pay 
the  note  to  him  or  his  order.  It  is  always  advisable,  however,  to  have 
the  endorsement  of  each  party  through  whose  hands  the  note  has  passed. 

Notes  bear  interest  only  when  so  stated  therein. 

After  maturity,  all  notes  bear  interest. 

Three  days,  called  “  days  of  grace,”  are  allowed  after  the  time  men¬ 
tioned  in  the  note  for  payment. 

If  the  last  of  these  days  falls  on  Sunday,  the  note  must  be  paid  on  the 
previous  Saturday. 

If  a  note  having  no  days  of  grace  falls  due  on  Sunday,  it  need  not  be 
paid  until  the  following  Monday. 

The  same  rule  holds  good  with  reference  to  legal  holidays,  in  which 
case  the  note  must  be  paid  on  the  day  previous  if  it  has  days  of  grace, 
otherwise  on  the  day  immediately  following. 

Notes  payable  on  demand  are  not  entitled  to  “  days  of  grace.” 

Notes  obtained  by  fraudulent  means  are  void. 

It  is  usual,  and  sometimes  necessary,  especially  in  Pennsylvania  and 
New  Jersey,  to  use  the  words,  “without  defalcation  or  discount,  for 
value  received  ”  in  a  note. 

If  an  endorser  does  not  wish  to  be  held  liable  on  a  note,  he  should 
write  the  words  “without  recourse”  before  his  name.  Written  words 
in  a  note  prevail  over  written  figures  at  the  top  or  bottom.  A  material 
alteration  in  a  note  discharges  all  the  parties  who  have  not  consented  to 
the  alteration. 

As  between  a  maker  and  a  payee  of  an  accommodation  note,  the  payee 
can  not  enforce  payment ;  but  if  he  has  endorsed  the  note,  and  it  has 
passed  into  the  hands  of  an  innocent  holder  for  value,  the  maker  is  liable. 

If  no  place  of  payment  is  mentioned,  demand  for  payment  of  a  note 
must  be  made  of  the  maker  at  his  residence  or  usual  place  of  business  by 
the  holder  or  his  authorized  agent  on  the  day  the  note  falls  due,  and  if 
payment  is  not  made,  notice  must  be  immediately  given  to  the  endorsers 
in  order  to  hold  them  liable. 

If  a  note  is  not  paid  when  it  falls  due,  it  is  said  to  be  dishonored. 

If  the  parties  reside  in  the  same  city  or  town,  notice  of  dishonor  must 
be  served  personally  on  them  by  leaving  notice  at  their  homes  or  places 
of  business  ;  but  if  the  parties  reside  in  different  places,  notices  must  be 
mailed  to  them  not  later  than  the  next  day  after  demand  and  refusal. 

Each  endorser  is  allowed  a  day  in  which  to  serve  notice  on  his  imme¬ 
diate  preceding  endorser.  No  precise  form  of  notice  is  necessary. 

Notices  of  dishonor  and  protest  are  usually  sent  by  notaries  public,  foi 


78 


HOW  TO  BE  YOUR  OWN  LAWYER. 


the  reason  that  in  most  States  the  protest  and  certificate  of  such  an  office! 
are  regarded  as  prima  facie  evidence  of  the  facts  stated  therein. 


Bill  of  Exchange. 

$1,000.  New  York,  May  1, 18  . 

At  sight  [or  days  after  sight,  or  days  after  date,  or  on  the 
day  of  18  ]  pay  to  the  order  of  C.  D.,  one  thousand  dollars,  and 
charge  the  same  to  account  of 

Yours,  etc., 

To  Messrs.  E.  F.  &  S.  H.,  New  Haven.  A.  B. 

A  Set  of  Foreign  Bills  of  Exchange. 

No.  20. — Ex.  £400  Stg.  New  York,  May  1,  18  . 

Ten  days  after  sight  of  this  my  first  of  exchange  (second  and  third  un¬ 
paid),  pay  to  E.  F.  or  order  one  thousand  pounds  sterling,  value  received, 
and  charge  the  same  to  the  account  of 

A.  B. 

To  Messrs.  E.  Bond  &  Co.,  London* 


No.  20. — Ex.  £400  Stg.  New  York,  May  1,  18  . 

Ten  days  after  sight  of  this  my  second  of  exchange  (first  and  third  un 
paid),  pay  to  E.  F.  or  order  one  thousand  pounds  sterling,  value  received, 
and  charge  the  same  to  the  account  of 

A.  B. 

To  Messrs.  E.  Bond  &  Co.,  London. 

No.  20. — Ex.  £400  Stg.  New  York,  May  1,  18  . 

Ten  days  after  sight  of  this  my  third  of  exchange  (first  and  second  un¬ 
paid),  pay  to  E.  F.  or  order  one  thousand  pounds  sterling,  value  received, 
and  charge  the  same  to  the  account  of 

A.  B. 

To  Messrs.  E.  Bond  &  Co.,  London. 


$500.00. 


Draft. 

New  York,  May  1,  18  . 


Three  days  after  sight,  pay  to  the  order  of  A.  B.  five  hundred  dollars, 
value  received,  which  charge  to  the  account  of 

Yours,  etc., 


Messrs.  H.  Smith  &  Co.,  Boston. 


F.  Keys  &  Co. 


HOW  TO  BE  TOUR  OWN  LAWYER. 


79 


Bill  of  Lading. 

Shipped,  in  good  order  and  well-conditioned,  by  A.  B.,  on  board  the 
steamship  called  the  Bothnia ,  commanded  by  E.  F.,  now  lying  in  the  port 
of  Boston  and  bound  for  the  port  of  Liverpool  [here  designate  the  mer¬ 
chandise],  being  marked  and  numbered  as  in  the  margin,  and  are  to  be 
delivered  in  the  like  order  and  condition  at  the  port  of  Liverpool  (the  dan¬ 
gers  of  the  sea  only  excepted)  unto  C.  D.,  or  to  his  assigns,  he  paying 
freight  for  the  said  with  primage  and  average  accustomed. 

In  witness  whereof  the  master  or  purser  of  the  said  vessel  hath  affirmed 
to  [three]  bills  of  lading,  all  of  this  tenor  and  date ;  one  of  which  being 
accomplished,  the  others  to  stand  void. 

Dated  in  the  day  of  18  .  E.  F. 


Check. 

First  National  Bank  of  New  York  : 


New  York,  June  1,  18  . 


Pay  to  John  Smith  or  order,  Three  hundred  and  fifty  Dollars. 


$350.00 


James  Brown. 

Note  not  Negotiable. 


$450.00.  New  York,  January  2,  1884. 

Ninety  days  after  date,  for  value  received,  I  promise  to  pay  to  James 
Brown  four  hundred  and  fifty  dollars. 

John  Curtis. 

The  introduction  of  the  words  “  or  order”  into  the  above  note  would 
render  it  negotiable. 


Negotiable  Note  for  New  Jersey  and  Pennsylvania. 


$1,000.00. 


Harrisburg,  June  4,  1884. 


Sixty  days  after  date,  I  promise  to  pay  to  James  Brown,  or  order,  one 
thousand  dollars  [insert  interest  if  intended]  without  defalcation  or  dis¬ 
count  for  value  received. 


Note  with  Surety. 


John  Curtis. 


$700.00. 


Albany,  March  2,  1884. 


Ninety  days  after  date,  I  promise  to  pay  to  A.  B.,  or  order,  seven 
hundred  dollars,  for  value  received. 

C.  D. 

E.  F.,  Surety. 

$200.00.  A  Negotiable  Note. 


Thirty  days  after  date,  for  value  received,  I  promise  to  pay  to  A.  B., 
or  order,  two  hundred  dollars. 

C.  D. 


80 


HOW  TO  BE  YOUR  OWN  LAWYER. 


A  Note,  or  Due  Bill,  payable  on  Demand. 

Newburgh,  N.  Y.,  June  2,  1882. 

$50.00. 

On  demand,  I  promise  to  pay  A.  B.,  or  order,  fifty  dollars,  for  value 
received. 

C  D 

Note  Bearing  Interest. 

$75.00.  Chicago,  March  9,  1884. 

Three  months  after  date,  I  promise  to  pay  A.  B.,  or  order,  seventy-five 
dollars,  with  interest,  for  value  received. 

C.  D. 

Married  Woman’s  Note. 

In  order  to  hold  a  married  woman  liable  on  her  note,  the  following 
words  must  be  written  in  the  body  of  the  note  :  “I  hereby  charge  my 
separate  estate  for  the  payment  of  this  note.  Value  received.” 

C.  B. 

Indorsement  of  Married  Woman  to  a  Promissory  Note. 

The  following  indorsement  must  be  required  of  a  married  woman  to 
hold  her  liable  :  “By  this  indorsement  I  bind  my  separate  estate  for  the 
payment  of  the  within  note.” 

C.  B. 

A  Note  Payable  by  Instalments. 

$2,000.00.  Pa.,  April  8,  1860. 

For  value  received,  I  promise  to  pay  A.  B.,  or  order,  two  thousand 
dollars,  in  the  manner  following,  viz. :  One  thousand  dollars  in  one  year, 
one  thousand  dollars  in  two  years,  wTith  interest  on  all  the  said  sums, 
payable  semi-annually,  without  defalcation  or  discount. 

E.  F. 

Note  for  two  or  more  Persons. 

$1,500.00.  Hartford,  May  2, 1883. 

We,  or  either  of  us,  promise  to  pay  to  the  order  of  A.  B.,  one  thousand 
five  hundred  dollars,  for  value  received. 

E.  F. 

G.  H. 

Joint  Note. 

$1,250.00.  Mobile,  May  18,  18—. 

Six  months  after  date  we  jointly,  but  not  severally,  promise  to  pay  to 
A.B.,  or  order,  twelve  hundred  and  fifty  dollars,  for  value  received. 

E.  J. 

Note  Payable  by  Instalments.  G'  H‘  * 

$800.00.  Baltimore,  June  8,  1884. 

For  value  received,  I  promise  to  pay  to  A.  B.,  or  order,  eight  hundred 
dollars,  in  manner  following,  to  wit :  four  hundred  dollars  in  six  months 


HOW  TO  BE  YOUR  OWN  LAWYER. 


81 


from  date,  two  hundred  dollars  in  eight  months,  and  two  hundred  dol 
lars  in  ten  months ;  with  interest  on  the  several  sums,  as  they  become 
due. 

C.  D. 

Indorsement  to  Order. 

Pay  to  the  order  of  G.  H. 

A.  B. 


Indorsement  to  Agents,  for  Collection. 


Pay  to  the  order  of  the  cashier  of  the  First  National  Bank  of  New 
York,  for  collection. 

A.  B. 


Indorsement  Without  Recourse. 


Pay  to  the  order  of  G.  H., 
without  recourse, 

A.  B. 


CONSIDERATION. 

A  contract  or  promise,  for  which  there  is  no  consideration,  can  not  be 
enforced  at  law. 

Considerations  are  good  or  valuable.  A  good  consideration,  is  one  of 
natural  affection,  love,  or  of  blood.  A  valuable  consideration  is  such  as 
marriage,  money,  or  something  which  can  be  converted  into  money. 

A  valuable  consideration  is  the  only  one  which  is  valid  against  a  third 
party. 

Mutual  promises,  to  submit  a  matter  in  dispute  to  arbitration,  are  a  valid 
consideration. 

A  promise  not  to  take  legal  proceedings  upon  a  valid  claim  is  a  valid 
consideration  for  a  promise. 

Trust  and  confidence  arc  sufficient  consideration.  As  for  example,  if 
A  intrusts  B  with  money  or  property  to  be  delivered  safely  and  in  good 
order  to  C,  the  trust  is  a  sufficient  consideration  for  the  promise  of  B  to 
so  deliver,  and  B  would  be  liable  for  loss  or  damage  which  occurred 
through  his  negligence,  even  though  his  promise  were  gratuitous. 

A  promise  for  a  promise  is  a  good  consideration.  For  example,  A 
promises  to  teach  B  a  certain  trade.  This  is  a  consideration  for  a  prom- 

4* 


82 


HOW  TO  BE  YOUR  OWN  LAWYER. 


ise  on  B’s  part  to  remain  with  A  a  certain  length  of  time  to  learn  th€ 
trade  and  serve  him  during  that  time. 

As  a  general  rule,  the  contract  is  void  if  any  part  of  the  consideration 
is  illegal.  If  the  consideration  proves  to  be  worthless,  the  contract  ia 
not  binding. 

Work  and  services  rendered  at  the  request  of  the  promisor,  are  a  suffi¬ 
cient  consideration  for  a  promise. 


CON  TRAC  TS— (Agreements. ) 

A  contract  is  an  agreement  between  two  or  more  parties  to  do  or  not  to 
do  some  particular  thing. 

Contracts  are  made  orally,  in  writing,  or  in  writing  under  seal.  There 
must  be  parties  to  a  contract,  a  consideration,  assents  of  the  parties,  and 
subject  matter. 

If  any  one  of  these  essentials  is  wanting  there  is  no  contract.  The  thing 
to  be  done  must  be  one  not  forbidden  by  law.  If  the  assent  of  either  party 
is  obtained  through  fraud,  fear,  or  compulsion,  the  contract  is  voidable,  for 
the  reason  that  the  assent  must  be  voluntary.  There  is  always  an  implied 
consideration  in  a  written  contract  under  seal.  There  must  be  a  meeting 
of  the  minds  to  make  a  valid  contract.  That  is  to  say,  the  parties  must 
understand  the  same  thing  in  the  same  sense.  The  intention  of  the  parties 
should  be  expressed  clearly,  and  care  should  be  taken  to  avoid  the  use  of 
any  doubtful  word  or  words.  The  contract  is  governed  by  the  law  of  the 
place  where  made,  or  the  law  of  the  place  where  it  is  to  be  performed. 
The  parties  to  a  contract  must  be  capable  of  contracting. 

Suits  are  constantly  arising  from  the  difficulty  of  learning  the  intention 
of  the  parties  to  the  contract,  because  of  the  use  of  words  whose  meaning 
is  doubtful  or  indefinite. 

As  a  general  rule,  a  contract  can  not  be  enforced  against  married 
women,  a  person  under  twenty-one  years  of  age,  an  imbecile,  an  insane 
person,  or  against  a  person  who  was  grossly  intoxicated  at  the  time  the 
contract  was  made.  It  is  advisable  to  have  all  contracts  reduced  to 
writing  and  signed.  Eacii  party  should  keep  a  copy  of  the  contract. 

The  following  agreements  are  void,  unless  there  is  some  note  or  memo¬ 
randum  thereof  in  writing  expressing  the  consideration,  and  signed  by 
the  person  to  be  charged  therewith,  or  his  authorized  agent : 

Every  special  promise  to  answer  for  the  debt,  default,  or  miscarriage  of 
another  person. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


83 


Any  agreement  made  upon  the  consideration  of  marriage,  unless  it  is  a 
mutual  agreement  to  marry. 

Any  agreement  which  by  its  terms  is  not  to  be  performed  within  a  year 
from  the  time  it  was  made. 

Every  contract  for  the  sale  of  goods,  wares,  or  merchandise  for  the 
price  of  fifty  dollars  or  upward  is  void,  unless  the  buyer  shall  accept  and 
actually  receive  part  of  the  goods  sold,  or  pay  some  part  of  the  purchase- 
money,  or  there  be  some  memorandum  of  the  contract  in  writing  signed 
by  the  party  to  be  charged  by  such  contract,  or  his  authorized  agent. 

All  contracts  in  reference  to  land,  except  leases  for  a  period  not  longer 
than  one  year,  must  be  in  writing.  If  the  party  to  be  charged  can  not 
write,  his  mark  will  be  sufficient  to  bind  him  to  the  contract.  Where  the 
parties  have  reduced  their  intentions  to  writing,  the  written  instrument  is 
considered  the  best  evidence  of  what  was  intended. 

In  case  of  important  contracts  it  is  usual  to  affix  seals  to  the  instru¬ 
ment,  and  have  the  execution  acknowledged. 

General  Form  of  Contract,  with  Provision  for  Liquidated  Damages 
in  Case  of  Breach. 

This  agreement,  made  the  day  of  one  thousand  eigh't  hundred 
and  by  and  between  A.  B.,  of  the  town  of  county  of  State  of 

of  the  first  part,  and  C.D.,  of  county  of  State  of  of  the 
second  part,  witnesseth  :  That  the  said  party  of  the  second  part  covenants 
and  agrees  to  and  with  the  party  of  the  first  part,  to  [here  insert  the  sub¬ 
ject-matter  of  the  agreement].  And  the  said  party  of  the  first  part 
covenants  and  agrees  to  pay  unto  the  said  party  of  the  second  part,  for 
the  same  [here  insert  the  consideration  a  ad  the  terms  of  payment]. 

And  for  the  true  and  faithful  performance  of  all  and  every  of  the  cove¬ 
nants  and  agreements  above  mentioned,  the  parties  to  these  presents  bind 
themselves,  each  unto  the  other,  in  the  penal  sum  of  dollars,  as  liqui¬ 
dated  damages,  to  be  paid  by  the  failing  party. 

In  witness  whereof,  the  parties  to  these  presents  have  hereunto  set  their 
hands  and  seals,  the  day  and  year  first  above  written. 

[Signatures.]  [Seals.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signatures  of  witnesses.] 

Agreement  for  the  Purchase  of  a  House  and  Lot. 

Memorandum  of  an  agreement  made  this  day  of  in  the  year 
18  between  A.  B.,  of  the  city  of  and  C.  D.,  of  the  same  city, 
witnesseth  :  That  the  said  A.  B.  agrees  to  sell,  and  the  said  C.  D.  agrees 
to  purchase,  for  the  price  or  consideration  of  dollars,  the  house  and 
lot  known  and  distinguished  as  number  in  street,  in  the  said  city 
of  .The  possession  of  the  property  is  to  be  delivered  on  the  day 


84 


HOW  TO  BE  YOUR  OWN  LAWYER. 


of  next,  when  twenty-  per  cent,  of  the  purchase-money  is  to  be 
paid  in  cash,  and  a  bond  and  mortgage  on  the  premises,  bearing 
per  cent,  interest,  payable  in  five  years  (such  interest  payable  quarterly), 
is  to  be  executed  for  the  balance  of  the  purchase-money,  at  which  time 
also  a  deed  of  conveyance  in  fee  simple,  containing  the  usual  full  covenants 
and  warranty,  is  to  be  delivered,  executed  by  the  said  A.  B.  and  wife,  and 
the  title  made  satisfactory  to  the  said  C.  D.  ;  it  being  understood  that 
this  agreement  shall  be  binding  upon  the  heirs,  executors,  administrators, 
and  assigns  of  the  respective  parties  ;  and  also  that  the  said  premises  are 
now  insured  for  dollars,  and,  in  case  the  said  house  should  be  burnt 
before  the  said  day  of  next,  that  the  said  A.  B.  shall  hold  the  said 
insurance  in  trust  for,  and  will  then  transfer  the  same  to  the  said  C.  D. 
with  the  said  deed. 

In  witness,  we  have  hereunto  set  our  hands  and  seals,  this  day  of 
18  . 

A.  B.  [Seal.] 

C.  D.  [Seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signatures  of  witnesses.] 

Contract  for  Sale  of  Land. 

Articles  of  agreement  made  this  day  of  one  thousand  eight 
hundred  and  between  A.  B.,  of  of  the  first  part,  and  C.  D.,  of 
of  the  second  part,  witnesseth  :  That  the  said  party  of  the  first  part, 
for  and  in  consideration  of  the  sum  of  dollars,  to  in  hand  paid,  has 
contracted  and  agreed  to  sell  to  the  said  party  of  the  second  part,  all  that 
certain  piece  or  parcel  of  land,  situate  in  the  town  of  in  county 
and  State  of  [here  insert  brief  description].  And  the  said  party 
of  the  first  part  agrees  to  execute  and  deliver  to  the  said  party  of  the 
second  part  a  warranty  deed  for  the  said  land  :  provided,  and  upon  con¬ 
dition,  nevertheless,  that  the  said  party  of  the  second  part,  his  heirs  or  as¬ 
signs,  pay  to  the  said  party  of  the  first  part,  his  heirs  or  assigns,  for  the  same 
land,  the  sum  of  dollars  lawful  money  of  the  United  States  of  America, 
payable  as  follows  :  the  sum  of  dollars  on  the  delivery  of  the  deed, 
on  the  day  of  and  the  sum  of  dollars  to  be  secured  by  a  pur¬ 
chase-money  mortgage  by  said  C.  D.,  payable  [here  insert  terms].  And 
the  said  party  of  the  second  part,  for  himself,  his  heirs,  executors,  and 
administrators,  does  covenant  and  agree  to  and  with  the  said  party  of  the 
first  part,  his  heirs  and  assigns,  that  the  said  party  of  the  second  part  will 
pay  the  said  several  sums  as  they  severally  become  due,  with  the  interest 
thereof,  without  deduction  of  any  taxes  or  assessments  whatever. 

And  the  parties  hereunto  do  bind  themselves,  each  unto  the  other,  in 
the  sum  of  dollars,  which  they  hereby  agree  upon  as  liquidated 
damages,  to  be  paid  by  the  party  failing  to  comply  with  his  covenants  in 
this  agreement  contained. 

In  witness  whereof,  etc.  A.  B.  [Seal.] 

C.  D.  [Seal.] 

Signed,  sealed,  and  delivered  in  presence  of 
[Signatures  of  witnesses.] 


HOW  TO  BE  TOUR  OWN  LAWYER. 


85 


Contract  for  the  Sate  of  a  Farm:  Payment  in  Instalments. 

Articles  of  agreement  made  this  day  of  18  between  A.  B., 
of  the  town  of  in  the  county  of  and  State  of  of  the  first 
part,  and  C.  D.,  of  the  town  aforesaid,  of  the  second  part,  witnesseth 
That  the  said  party  of  the  first  part  hereby  agrees  to  sell  to  the  said  party 
of  the  second  part  his  house,  farm,  and  premises,  whereon  he  now  lives, 
situate  in  the  town  of  ,  containing  about  acres,  more  or  less,  to¬ 
gether  with  the  crops  growing  on  the  same  ;  together  with  every  article 
attached  to  the  freehold,  for  the  sum  of  dollars,  which  the  said  party 
of  the  second  part  agrees  to  pay  as  follows — viz.  :  dollars  upon  sign¬ 

ing  this  agreement ;  dollars  by  the  day  of  next ;  dollars  on 
the  day  of  next,  and  giving  a  mortgage  on  the  farm  whereon  he 
now  lives,  for  dollars,  in  equal  annual  payments,  with  annual  in¬ 
terest  on  the  same ;  at  which  time  the  said  party  of  the  first  part  is  to 
make  and  execute  to  the  said  party  of  the  second  part  a  good  and  suffi¬ 
cient  warranty  deed  for  the  premises  hereby  sold,  upon  the  delivery  of 
which  the  said  party  of  the  second  part  is  to  secure  the  remainder — to 
wit :  dollars  by  a  bond  and  mortgage  for  the  payment  of  said  remain¬ 

ing  sum,  in  equal  annual  instalments,  with  interest  semi-annually 
upon  the  same,  interest  to  commence  on  the  day  of  next,  at  which 
time  the  said  party  of  the  second  part-is  to  have  full  possession  of  all  the 
premises.  And  it  is  agreed  by  the  said  parties,  that  this  agreement  is  to 
bind  themselves,  their  heirs,  executors,  and  administrators,  jointly  and 
severally,  firmly  by  these  presents. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals  this 
day  of  18  . 

A.  B.  [Seal.] 

C.  D.  [Seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signatures  of  witnesses.] 

Contract  for  Building. 

Memorandum  of  agreement  made  this  day  of  one  thousand 
eight  hundred  and  between  A.  B.,  of  of  the  first  part,  and  C. 
D.,  of  of  the  second  part.  The  said  party  of  the  second  part  cove¬ 
nants  and  agrees  to  and  with  the  said  party  of  the  first  part,  to  make, 
erect,  build,  and  finish  in  a  good,  substantial,  and  workmanlike  manner, 
on  the  lot  belonging  to  the  party  of  the  first  part,  and  known  as  No. 
in  Street,  a  house  agreeable  to  the  draft,  plan,  and  explanation  hereto 
annexed,  of  such  stone,  brick,  lumber,  or  other  materials,  as  the  party  of 
the  first  part  may  provide  and  furnish  for  the  same,  by  the  day 
of  next.  And  the  said  party  of  the  first  part  covenants  and  agrees  to 
pay  unto  the  said  party  of  the  second  part,  for  the  same,  the  sum  of 
dollars,  lawful  money  of  the  United  States,  as  follows  :  the  sum  of  [here 
insert  terms  of  payment.] 

And  also  that  he  will  furnish  and  procure  the  necessary  materials  for 
the  said  work,  in  such  reasonable  quantities,  and  at  such  reasonable  timo 
or  times,  as  the  said  party  of  the  second  part  shall  or  may  require. 


86 


HOW  TO  BE  YOUR  OWN  LAWYER. 


And  for  the  true  and  faithful  performance  of  all  and  every  of  the  cove¬ 
nants  and  agreements  above  mentioned,  the  parties  to  these  presents  bind 
themselves,  each  unto  the  other,  in  the  penal  sum  of  dollars,  as  liqui¬ 
dated  damages  to  be  paid  by  the  failing  party. 

In  witness  [as  in  preceding  form.] 


Agreement  to  Build  a  Party  Wall. 

Memorandum  of  agreement  made  this  day  of  in  the  year  18 
between  A.  B.,  of  the  city  of  of  the  first  part,  and  C.  D.,  of  said 
city,  of  the  second  part :  Whereas  the  said  A.  B.  is  the  owner  in  fee  of 
the  lot  known  as  No.  in  Street,  in  the  ward  of  the  city  of 
and  the  said  C.  D.,  the  owner  in  fee  of  the  lot  known  as  No.  in  said 
street,  immediately  adjoining  to  and  on  the  side  of  said  lot,  on  which 
lots  respectively  the  parties  are  about  to  erect  brick  houses.  And 
whereas,  it  has  been  agreed  between  the  said  parties,  that  the  said  C.  D., 
in  erecting  his  house,  may  make  use  of  the  wall  of  the  said  A.  B.,  imme¬ 
diately  adjoining  the  said  lot  of  the  said  C.  D.,  as  a  party  wall,  upon  the 
terms,  conditions,  and  considerations  hereinafter  mentioned,  the  wall  so 
to  be  used  as  a  party  wall,  standing  and  being  entirely  on  the  said  lot  of 
the  said  A.  B.  Now,  therefore,  this  agreement  witnesseth,  that  the  said 
A.  B.,  in  consideration  of  the  sum  of  dollars,  to  him  in  hand  paid  by 
the  said  C.  D.,  the  receipt  whereof  is  acknowledged,  shall  immediately 
build  and  erect  a  wall  on  the  side  of  said  lot  No.  so  that  the 
side  of  said  wall  shall  adjoin  the  side  of  said  lot  of  C.  D.  ;  said  wall 
shall  be  built  feet  deep  easterly  from  the  easterly  side  of  street, 
and  feet  high  above  the  sidewalk  ;  and  the  said  party  of  the  first  part 
hereby  does  grant  and  convey  to  said  party  of  the  second  part  the  right 
to  use  said  wall  as  a  party  wall,  in  the  erection  of  a  house  on  the  said  lot 
No.  aud  for  that  purpose  to  insert  the  beams  of  the  house  on  the 
said  lot  into  the  walls  so  to  be  built  by  the  party  of  the  first  part,  to 
the  extent  of  inches,  and  to  insert  two  chimney-backs  into  said  wall 
to  the  extent  of  inches  each,  and,  for  the  same  purpose,  to  insert  or 
tie  the  courses  of  the  front  and  rear  walls  into  said  party  wall  as  may  be 
necessary,  and  to  keep  and  maintain  such  use  of  said  party  wall  so  long 
as  said  wall  shall  stand. 

And  the  parties  mutually  covenant,  that  if  it  shall  hereafter  become 
necessary  to  repair  or  rebuild  the  whole,  or  any  portion  of  the  said  party 
wall,  the  expense  of  such  repairing  or  rebuilding  shall  be  borne  equally 
by  them,  their  respective  heirs  and  assigns  ;  and  that  whenever  the  said 
party  wail,  or  any  portion  thereof,  shall  be  rebuilt,  it  shall  be  erected  on 
the  same  spot  where  it  is  to  stand,  and  be  of  the  same  size,  and  the  same 
or  similar  materials,  and  of  like  quality. 

It  is  further  mutually  agreed  between  the  said  parties,  that  this  agree¬ 
ment  shall  at  all  times  be  construed  as  a  covenant  running  with  the  land  ; 
but  no  part  of  the  fee  of  the  soil  upon  which  the  wall  of  the  said  A.  B., 
above  described,  is  to  stand,  shall  pass  to  or  be  vested  in  the  said  C.  I)., 
his  heirs  or  assigns,  by  virtue  of  these  presents,  but  only  the  right  to  the 
use  and  benefit  of  the  said  wall  as  a  party  wall  forever. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


87 


In  witness  whereof  we  have  hereunto  set  our  hands  and  seals  this 
day  of  18  . 

A.  B.  [Seal.] 

C.  D.  [Seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signatures  of  witnesses.] 

Agreement  for  Bricklayer’s  and  Plasterer’s  Work. 

Memorandum  of  an  agreement  made  this  day  of  18  between 
A.  B.,  of  the  city  of  county  of  and  State  of  of  the  one 
part,  and  C.  D.,  of  the  same  city,  of  the  other  part,  as  follows  :  The 
said  A.  B.,  for  the  consideration  hereinafter  mentioned,  doth  covenant, 
promise,  and  agree  with,  and  to  the  said  C.  D.,  that  he,  the  said  A.  B., 
shall  and  will  do  and  perform  all  the  work  belonging  to  the  bricklayer 
and  plasterer,  in  and  about  the  erection  and  building  of  a  certain  house 
[describing  the  location]  in  a  sufficient  and  workmanlike  manner,  at  his 
own  charge  and  expense,  with  the  materials  to  be  provided  for  that  pur¬ 
pose  by  the  said  C.  D. ;  that  he  will  build  the  same  with  the  thickness  of 
walls,  height  or  number  of  stories,  and  the  number  and  kind  of  lights, 
chimneys,  and  conveniences,  together  with  the  ornamental  work  in  and 
about  the  said  building  as  the  said  C.  D.  shall  direct  him,  paying  and 
discharging  all  the  said  workmen  by  him  employed  in  and  about  the 
same  ;  and  that  he  will  completely  finish  all  the  "work  herein  agreed  and 
covenanted  to  be  by  him  done  and  performed  on  or  before  the  day  of 
next. 

And  the  said  C.  D.,  for  and  in  consideration  of  the  true  and  faithful 
performance  of  the  work  to  be  done  as  aforesaid,  doth  agree  and  cove¬ 
nant  to  and  with  the  said  A.  B.,  that  he  shall  and  will  well  and  truly 
pay,  or  cause  to  be  paid,  unto  the  said  A.  B.,  for  all  such  work,  orna¬ 
mental  work  excepted,  to  be  by  him  done  and  performed  in  and  about 
the  building  aforesaid,  at  and  after  the  rate  of  for  every  yard  which 
said  work  shall  measure,  reckoning  three  feet  square  for  every  yard  ; 
and  for  all  the  said  ornamental  work  to  be  performed  as  aforesaid,  the 
sum  of  dollars  in  full ;  and  the  said  C.  D.  will  pay  all  the  said  money 
as  follows,  viz.:  [insert  the  terms].  And  it  is  further  covenanted  and 
agreed,  by  and  between  the  parties  hereunto,  that  each  and  all  of  tin 
foregoing  covenants  and  agreements  are  to  apply  to,  and  bind,  the  heirs, 
executors,  and  administrators  of  the  respective  parties  hereto. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals  this 
day  of  18  . 

A.  B.  [Seal.] 

Signed,  sealed,  and  delivered  in  presence  of  C.  D.  [Seal.] 

[Signatures  of  witnesses.] 

Agreement  for  Sale  and  Purchase  of  Personal  Property. 

This  agreement,  made  this  day  of  18  between  A.  B.,  of 
and  C.  D.,  of  witnesseth  :  That  the  said  A.  B.,  in  consideration  of 


88 


HOW  TO  EE  YOUR  OWN  LAWYER. 


the  agreement  hereinafter  contained,  to  be  performed  by  C.  D.,  agrecfl 
to  sell  and  deliver  to  the  said  C.  D.,  at  his  storehouse,  in  [here  specify 
the  goods,  the  quality  and  quantity],  on  or  before  the  day  of 
18  .  And  the  said  C.  D.,  in  consideration  thereof,  agrees  to  pay  to  the 
said  A.  B.  the  sum  of  dollars  per  for  the  said  [here  state  the 
property  sold  or  purchased]  immediately  upon  the  completion  of  the  de¬ 
livery  thereof. 

In  witness  [etc.,  as  in  preceding  form.] 


Agreement  for  a  Sale  of  Wheat. 

It  is  agreed,  by  and  between  A.  B.  of  and  C.  D.  of  that  in  con¬ 
sideration  of  three  hundred  bushels  of  wheat,  sold  to  the  said  C.  D. 
this  day  by  the  said  A.  B.,  and  by  A.  B.  agreed  to  be  delivered  to  the 
said  C.  D.,  free  of  all  charges  and  expenses  whatsoever,  at,  on,  or  be¬ 
fore  the  day  of  next,  the  said  C.  D.  shall  and  will  pay,  or 
cause  to  be  paid  to  the  said  A.  B.,  or  his  assigns,  within  thirty  days  after 
such  delivery,  the  sum  of  .  And  the  said  A.  B.,  in  consideration 
of  the  agreement  aforesaid  of  the  said  C.  D.,  promises  and  agrees  on  or 
before,  etc.,  aforesaid,  at  his  proper  expenses  to  send  in  and  deliver  to 
the  said  C.  D.,  or  his  assigns,  the  said  three  hundred  bushels  of  wheat, 
so  sold  him  as  aforesaid,  and  that  he  the  said  A.  B.  shall  and  will  war¬ 
rant  the  same  to  be  good,  clean,  and  merchantable  grain. 

A.  B. 

In  witness,  etc.  C.  D. 

Contract  for  Sale  of  Manuscript  and  Copyright. 

Memorandum  of  agreement  made  this  day  of  18  ,  between 
A.  B.,  of  party  of  the  first  part,  and  C.  D.,  of  publisher,  party 
of  the  second  part,  witnesseth  :  That  said  party  of  the  first  part,  in  con¬ 
sideration  of  the  sum  of  dollars,  agrees  to  sell,  and  does  sell,  to  the 
party  of  the  second  part,  the  manuscript  of  a  work  entitled  ,  written 
and  to  be  prepared  for  the  press  by  him ;  and  he,  the  said  A.  B.,  also 
agrees  to  examine  and  correct  the  proof-sheets  thereof,  as  they  shall  he 
furnished  to  him  from  time  to  time  during  the  printing  thereof.  The 
said  C.  D.,  and  his  personal  representatives  and  assigns,  are  to  have  the 
exclusive  right  to  take  out  and  own  the  copyright  and  the  renewals  of 
the  copyright  thereof.  And  the  said  C.  D.,  for  himself,  his  personal 
representatives  and  assigns,  agrees  to  pay  the  said  A.  B.  in  the  manner 
following  :  dollars  on  the  signing  of  this  contract,  dollars  when 

the  whole  copy,  including  the  index,  shall  be  ready  for  the  printer,  and 
the  balance  when  the  proof-sheets  shall  have  all  been  corrected  and  re¬ 
turned  to  the  printer ;  the  whole  of  said  proof-sheets  to  be  furnished  the 
said  A.  B.  within  a  reasonable  time  after  the  delivery  of  the  manuscript. 

And  it  is  further  agreed,  that  in  case  the  said  work  shall  fall  short  of 
pages  of  the  size  and  style  of  the  work  known  as  ,  exclusive  of 
index  and  contents,  then  the  said  A.  B.  is  to  receive,  and  the  said  0.  D. 
is  to  pay,  a  sum  so  much  the  less,  in  proportion  to  the  actual  number  oi 


HOW  TO  BE  YOUR  OWN  LAWYER. 


89 


pages  ;  but  in  case  said  work  shall  contain  more  than  pages,  the  sum 
to  be  paid  therefor  is  not  to  be  increased. 

In  witness  we  have  hereunto  set  our  hands  and  seals  this  day  of 
,18  . 

A.  B. 

Signed,  sealed,  and  delivered  in  the  presence  of  C.  D. 

[Names  of  witnesses.] 


Contract  with  a  Clerk  or  Workman  for  Services. 

Memorandum  of  agreement  made  this  day  of  18  between 
A.  B.,  of  county  of  State  of  of  the  first  part,  and  C.  D., 
of  county  of  State  of  of  the  second  part,  witnesseth : 
that  the  said  A.  B.,  agrees  faithfully  and  diligently  to  serve  the  said 
C.  D.,  as  [insert  position  to  be  held]  at  for  the  period  of  from 
and  after  the  day  of  ,18  In  consideration  of  which  service 
so  to  be  performed  by  the  said  A.  B.,  the  said  C.  D.  agrees  to  pay  to 
the  said  A.  B.  the  sum  of  dollars,  to  be  paid  as  follows :  dollars 

on  the  day  of  18  and  dollars  on  the  day  of  each  and 
every  month  following  during  the  said  term,  and  the  balance,  if  any, 
at  the  expiration  of  the  said  term. 

And  it  is  understood  and  agreed,  that  the  death  of  either  party  during 
the  said  term  shall  terminate  this  contract. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals  this 
day  of  18  . 

A.  B. 

Signed,  sealed,  and  delivered  in  the  presence  of  C.  D. 

[Signatures  of  witnesses.] 


Contract  for  Sale  of  Goods. 

This  agreement  made  this  day  of  18  between  A.  B.,  of 
and  C.  D.,  of  witnesseth :  That  it  is  hereby  agreed  by  the  said 
parties,  that  all  the  stock  of  goods,  wares,  and  merchandise,  which  are 
the  property  of  A.  B.,  and  contained  in  the  store  now  occupied  by  the 
said  A.  B.  [or,  which  are  mentioned  in  the  schedule  hereunto  annexed], 
together  with  the  furniture  and  fixtures  thereunto  appertaining,  shall,  at 
the  joint  and  equal  charge  of  the  said  parties,  be  appraised  by  M.  N.  and 
O  P.,  on  or  before  the  day  of  next,  when  the  said  M.  N.  and 
O  P.  shall,  in  writing  by  them  signed,  give  in  their  appraisement  to  the 
said  parties  ;  and  in  case  the  said  appraisers  shall  diiler  in  such  valuation, 
then  a  third  indifferent  person  chosen  by  them  as  an  umpire  shall  deter¬ 
mine  the  same,  whose  valuation  in  writing  by  him  signed  shall  be  given 
in  to  the  said  parties,  within  three  days  after  his  election.  And  the  said 
A.  B.  covenants  with  the  said  C.  D.  that,  immediately  after  such  valua¬ 
tion  being  made,  he  will  make  and  deliver  an  absolute  bill  of  sale,  of  all 
the  said  goods  and  stock  in  trade,  and  will  give  possession  thereof  unto 
the  said  C.  D.,  at  the  price  the  same  shall  be  appraised  at  as  aforesaid. 
And  the  said  C.  D.  hereby  covenants  with  the  said  A.  B.,  that  he  will 


90 


HOW  TO  BE  YOUR  OWN  LAWYER. 


accept  the  said  property  at  such  price,  and,  on  the  delivery  thereof  with 
the  bill  of  sale,  will  pay  to  the  said  A.  B.  the  sum  of  money  at  which  the 
same  shall  be  appraised  as  aforesaid. 

In  witness,  etc.,  as  in  previous  forms. 

A.  B.  fSeal.l 
C.  D.  [Seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signatures  of  witnesses.] 

Agreement  to  Rent  with  Covenants. 

This  agreement  made  the  day  of  one  thousand  eight  hundred 
and  between  A.  B. ,  of  county  of  State  of  of  the  first  part, 

and  C.  D.,  of  county  of  State  of  of  the  second  part,  witnesseth . 

That  the  said  party  of  the  first  part  has  letten,  and  by  these  presents  does 
grant,  demise,  and  to  farm  let,  unto  the  said  party  of  the  second  part, 
[here  insert  a  description  of  the  premises],  with  the  appurtenances,  for 
the  term  of  from  the  day  of  one  thousand  eight  hundred  and 
at  the  yearly  rent  or  sum  of  dollars,  to  be  paid  in  equal  monthly 
payments  of  dollars  each.  And  it  is  agreed  that  if  any  rent  shall  be 
due  and  unpaid  for  the  space  of  days,  or  if  default  shall  be  made 
in  any  of  the  covenants  herein  contained,  then  it  shall  be  lawful  for 
the  said  party  of  the  first  part  to  re-enter  the  said  premises,  and  to  re¬ 
move  all  persons  therefrom.  And  the  said  party  of  the  second  part  does 
covenant  to  pay  to  the  said  party  of  the  first  part,  the  said  yearly  rent  as 
herein  specified.  And  the  said  party  of  the  second  part  further  agrees 
not  to  carry  on  any  offensive  or  other  business  on  the  premises,  nor  to 
under-let  said  premises  without  the  written  permission  of  the  said  party 
of  the  first  part.  And  at  the  expiration  of  the  said  term,  the  said  party 
of  the  second  part  will  quit  and  surrender  the  premises  hereby  demised, 
in  as  good  state  and  condition  as  reasonable  use  and  wear  thereof  will 
permit,  damages  by  the  dements  excepted.  And  the  said  party  of  the 
first  part  does  covenant  that  the  said  party  of  the  second  part,  on  paying 
the  said  yearly  rent,  and  performing  the  covenants  aforesaid,  shall  and 
may  peaceably  and  quietly  have,  hold,  and  enjoy  the  said  demised 
premises  for  the  term  aforesaid. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals  this 
day  of  18  . 

A.  B. 

*  C.  D. 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signatures  of  witnesses.] 

Agreement  to  be  signed  by  an  Auctioneer,  after  a  Sale  at  Auction. 

I  hereby  acknowledge  that  A.  B.  has  been  this  day  declared  by  me  the 
highest  bidder  and  purchaser  of  [here  describe  the  purchase],  at  the  sum 
of  dollars,  and  that  he  has  paid  into  my  hands  the  sum  of  as  a 
deposit,  and  in  part  payment  of  the  purchase-money  ;  and  I  hereby  agree 


HOW  TO  BE  YOUR  OWN  LAWYER. 


91 


that  the  vender,  C.  D.,  shall  in  all  respects  fulfil  the  conditions  of  sale 
hereunto  annexed. 

Witness  my  hand,  at  this  day  of  18  . 

E.  F.,  Auctioneer. 


COPYRIGHT ; 

Copyright  is  the  exclusive  privilege  of  an  author  or  artist  to  sell 
copies  of  his  work.  Such  work  must  have  some  originality,  or  bo  the 
result  of  invention,  though  a  mere  abridgment  of  another's  book  may  be 
copyrighted ;  the  originality  may  consist  in  the  new  arrangement  of 
old  materials. 

This  property  is  of  the  same  nature  as  patent  right.  It  is  secured  in 
accordance  with  the  provisions  of  the  law  of  Congress,  as  follows  : 

Revised  Statutes  of  the  United  States,  7878. 

§4952.  Any  citizen  of  the  United  States,  or  resident  therein,  who  shall 
be  the  author,  inventor,  designer,  or  proprietor  of  any  book,  map,  or 
chart,  dramatic  or  musical  composition,  engraving,  cut,  print,  photograph 
or  negative  thereof,  or  of  a  printing,  drawing,  chromo,  statue,  statuary, 
and  of  models  or  designs  intended  to  be  perfected  as  works  of  the  fine 
arts,  and  the  executors,  administrators,  or  assigns  of  any  such  persons, 
shall,  upon  complying  with  the  provisions  of  this  chapter,  have  the  sole 
liberty  of  printing,  reprinting,  publishing,  completing,  copying,  execut¬ 
ing,  finishing,  and  vending  the  same ;  and,  in  the  case  of  a  dramatic  compo¬ 
sition,  of  publicly  performing  or  representing  it,  or  causing  it  to  be 
performed  or  represented  by  others.  And  authors  may  reserve  the  right 
to  dramatize  or  translate  their  own  works. 

§49511.  Copyrights  shall  be  granted  for  the  term  of  twenty-eight 
years  from  the  time  of  recording  the  title  thereof,  in  the  manner  herein¬ 
after  directed. 

§  4954.  The  author,  inventor,  or  designer,  if  he  be  still  living,  and  a 
citizen  of  the  United  States  or  resident  therein,  or  his  widow,  or  children 
if  he  be  dead,  shall  have  the  same  exclusive  right  continued  for  the  fur¬ 
ther  tenn  of  fourteen  years,  upon  recording  the  title  of  the  work  or  de¬ 
scription  of  the  article  so  secured  a  second  time,  and  complying  with  all 
other  regulations  in  regard  to  original  copyright,  within  six  months  be¬ 
fore  the  expiration  of  the  first  term.  And  such  persons  shall,  within  two 
months  from  the  date  of  said  renewal,  cause  a  copy  of  the  record  thereof 
to  be  published  in  one  or  more  newspapers,  printed  in  the  United  States, 
for  the  space  of  four  weeks. 

§  4955.  Copyrights  shall  be  assignable  in  law  by  any  instrument  of 
writing,  and  such  assignment  shall  be  recorded  in  the  office  of  the  Libra¬ 
rian  of  Congress  within  sixty  days  after  its  execution  ;  in  default  of  which 
it  shall  be  yoid  as  against  any  subsequent  purchaser  or  mortgagee  for  a 
valuable  consideration,  without  notice. 


92 


HOW  TO  BE  YOUR  OWN  LAWYER. 


§  4956.  No  person  shall  be  entitled  to  a  copyright  unless  he  shall,  he 
fore  publication,  deliver  at  the  office  of  the  Librarian  of  Congress,  or  do 
posit  in  the  mail  addressed  to  the  Librarian  of  Congress,  at  Washington, 
District  of  Columbia,  a  printed  copy  of  the  title  of  the  book  or  other  ar¬ 
ticle,  or  a  description  of  the  painting,  drawing,  chromo,  statue,  statuary, 
or  model  or  design  for  a  work  of  the  fine  arts,  for  which  he  desires  a 
copyright,  nor  unless  he  shall  also,  within  ten  days  from  the  publication 
thereof,  deliver  at  the  office  of  the  Librarian  of  Congress,  and  send  by 
the  mail  addressed  to  the  Librarian  of  Congress  at  Washington,  District 
of  Columbia,  two  copies  of  such  copyright  book  or  other  article,  or,  in 
case  of  a  painting,  drawing,  statue,  statuarj^,  model  or  design  for  a  work 
of  the  fine  arts,  a  photograph  of  the  same. 

§  4957.  The  Librarian  of  Congress  shall  record  the  name  of  such  copy¬ 
right  book,  or  other  article,  forthwith  in  a  book  to  be  kept  for  that  pur¬ 
pose,  in  the  words  following :  “  Library  of  Congress,  to  wit :  Be  it  re¬ 
membered  that  on  the  day  of  ,  ,  A.  B.,  of  ,  hath  deposited 

in  this  office  the  title  of  a  book  [map,  chart,  or  otherwise,  as  the  case  may 
be,  or  description  of  the  article],  the  title  or  description  of  which  is  in  the 
following  words,  to  wit :  [here  insert  the  title  or  description],  the  right 
whereof  he  claims  as  author  [originator,  or  proprietor,  as  the  case  may 
be],  in  conformity  with  the  laws  of  the  United  States  respecting  copy¬ 
rights.  C.  D.,  Librarian  of  Congress.”  And  he  shall  give  a  copy  of  the 
title  or  description,  under  the  seal  of  the  Librarian  of  Congress,  to  the 
proprietor  whenever  he  shall  require  it. 

§  4958.  The  Librarian  of  Congress  shall  receive  from  the  persons  to 
whom  the  services  designated  are  rendered,  the  following  fees :  1.  For 
recording  the  title  or  description  of  any  copyright  book  or  other  article, 
fifty  cents.  2.  For  every  copy  under  seal  of  such  record  actually  given 
to  the  person  claiming  the  copyright,  or  his  assigns,  fifty  cents.  8.  For 
recording  and  certifying  any  instrument  of  writing  for  the  assignment  of 
a  copyright,  one  dollar.  4.  For  every  copy  of  an  assignment,  one  dollar. 
All  fees  so  received  shall  be  paid  into  the  treasury  of  the  United  States. 

§  4959.  The  proprietor  of  every  copyright  book  or  other  article  shall 
deliver  at  the  office  of  the  Librarian  of  Congress,  or  deposit  in  the 
mail  addressed  to  the  Librarian  of  Congress,  at  Washington,  District  of 
Columbia,  within  ten  days  after  its  publication,  two  complete  printed 
copies  thereof  of  the  best  edition  issued,  or  description  or  photograph  of 
such  article  as  hereinbefore  required,  and  a  copy  of  every  subsequent 
edition  wherein  any  substantial  changes  shall  be  made. 

§  4960.  For  every  failure  on  the  part  of  the  proprietor  of  any  copy¬ 
right  to  deliver,  or  deposit  in  the  mail,  either  of  the  published  copies,  or 
description,  or  photograph,  required  by  Sections  9  and  12,  the  proprietor 
of  the  copyright  shall  be  liable  to  a  penalty  of  twenty-five  dollars,  to  be 
recovered  by  the  Librarian  of  Congress,  in  the  name  of  the  United  States, 
in  an  action  in  the  nature  of  an  action  of  debt,  in  any  district  court  of 
the  United  States  within  the  jurisdiction  of  which  the  delinquent  may 
reside  or  be  found. 

§  4961.  The  postmaster  to  whom  such  copyright  book,  title,  or  other 
article  is  delivered,  shall,  if  requested,  give  a  receipt  therefor ;  and  when 
so  delivered  he  shall  mail  it  to  its  destination. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


93 


§  4962.  No  person  shall  maintain  an  action  for  the  infringement  of  his 
copyright  unless  he  shall  give  notice  thereof  by  inserting  in  the  several 
copies  of  every  edition  published,  on  the  title-page  or  the  page  imme¬ 
diately  following,  if  it  be  a  book  ;  or  if  a  map,  chart,  musical  composi¬ 
tion,  print,  cut,  engraving,  photograph,  painting,  drawing,  chromo, 
statue,  statuary,  or  model  or  design  intended  to  be  perfected  and  com¬ 
pleted  as  a  work  of  the  fine  arts,  by  inscribing  upon  some  visible  portion 
thereof,  or  of  the  substance  on  which  the  same  shall  be  mounted,  the 
following  wmrds,  viz.  :  “  Entered  according  to  act  of  Congress,  in  the 
year  ,  by  A.  B.,  in  the  office  of  the  Librarian  of  Congress,  at  Wash¬ 
ington”;  or,  at  his  option,  the  word  “Copyright,”  together  with  the 
year  the  copyright  was  entered,  and  the  name  of  the  party  by  whom  it 
was  taken  out,  thus  :  “  Copyright,  18  ,  by  A.  B  ” 

§  4968.  Every  person  who  shall  insert  or  impress  such  notice,  or  words 
of  the  same  purport,  in  or  upon  any  book,  map,  chart,  musical  composi¬ 
tion,  print,  cut,  engraving,  or  photograph,  or  other  article,  for  which  he 
has  not  obtained  a  copyright,  shall  be  liable  to  a  penalty  of  one  hundred 
dollars,  recoverable  one-half  for  the  person  who  shall  sue  for  such  pen¬ 
alty,  and  one-half  to  the  use  of  the  United  States. 

§  4964.  Every  person  who,  after  the  recording  of  the  title  of  any  book 
as  provided  by  this  chapter,  shall  within  the  term  limited,  and  without 
the  consent  of  the  proprietor  of  the  copyright  first  obtained  in  writing, 
signed  in  presence  of  two  or  more  witnesses,  print,  publish,  or  import, 
or,  knowing  the  same  to  be  so  printed,  published,  or  imported,  shall  sell  * 
or  expose  to  sale  any  copy  of  such  book,  shall  forfeit  every  copy  thereof 
to  such  proprietor,  and  shall  also  forfeit  and  pay  such  damages  as  may 
be  recovered  in  a  civil  action  by  such  proprietor  in  any  court  of  compe¬ 
tent  jurisdiction. 

§  4965.  If  any  person,  after  the  recording  of  the  title  of  any  map, 
chart,  musical  composition,  print,  cut,  engraving,  photograph,  or  chromo, 
or  of  the  description  of  any  painting,  drawing,  statue,  statuary,  or  model 
or  design  intended  to  be  perfected  and  executed  as  a  work  of  the  fine 
arts,  as  provided  by  this  chapter,  shall,  within  the  term  limited,  and 
without  the  consent  of  the  proprietor  of  the  copyright  first  obtained,  in 
writing,  signed  in  presence  of  two  or  more  witnesses,  engrave,  etch, 
work,  copy,  print,  publish,  or  import,  either  in  whole  or  in  part,  or  by 
varying  the  main  design  with  intent  to  evade  the  law,  or,  knowing  the 
same  to  be  so  printed,  published,  or  imported,  shall  sell  or  expose  to  sale 
any  copy  of  such  map  or  other  article  as  aforesaid,  he  shall  forfeit  to  tlie 
proprietor  all  the  plates  on  which  the  same  shall  be  copied  and  every 
sheet  thereof,  either  copied  or  printed,  and  shall  further  forfeit  one  dol¬ 
lar  for  every  sheet  of  the  same  found  in  his  possession,  either  printing, 
printed,  copied,  published,  imported,  or  exposed  for  sale  ;  and  in  case  of 
a  painting,  statue,  or  statuary,  he  shall  forfeit  ten  dollars  for  every  copy 
of  the  same  in  his  possession,  or  by  him  sold  or  exposed  for  sale  ;  one- 
half  thereof  to  the  proprietor  and  the  other  half  to  the  use  of  the  United 
States. 

§  4966.  Any  person  publicly  performing  or  representing  any  dramatic 
composition  for  which  a  copyright  has  been  obtained  without  the  con¬ 
sent  of  the  proprietor  thereof,  or  his  heirs  or  assigns,  shall  be  liable  foi 


94 


HOW  TO  BE  YOITB  OWN  LAWYER. 


damages  therefor,  such  damages  in  all  cases  to  be  assessed  at  such  sum, 
not  less  than  one  hundred  dollars  for  the  first,  fifty  dollars  for  subsequent 
performance,  as  to  the  court  shall  appear  to  be  just. 

§  4967.  Every  person  who  shall  print  or  publish  any  manuscript  what¬ 
ever  without  the  consent  of  the  author  or  proprietor  first  obtained,  if 
such  author  or  proprietor  is  a  citizen  of  the  United  States  or  resident 
therein,  shall  be  liable  to  the  author  or  proprietor  for  all  damages  occa¬ 
sioned  by  such  injury. 

§  4968.  No  action  shall  be  maintained  in  any  case  of  forfeiture  or  pen¬ 
alty  under  the  copyright  laws,  unless  the  same  is  commenced  within  two 
years  after  the  cause  of  action  has  arisen. 

§  4971.  Nothing  in  this  chapter  shall  be  construed  to  prohibit  the  print¬ 
ing,  publishing,  importation,  or  sale  of  any  book,  map,  chart,  dramatic 
or  musical  composition,  print,  cut,  engraving,  or  photograph  written, 
composed,  or  made  by  any  person  not  a  citizen  of  the  United  States  nor 
resident  therein. 

This  last  section  is  liable  to  change  by  the  adoption  of  an  International 
Copyright  Law  giving  foreigners  the  right  to  obtain  copyright  in  this 
country. 

[For  form  of  agreement  between  author  and  publisher  for  sale  of  manuscript  aud 
copyright  see  form  in  chapter  on  Agreements.] 


CORPORATIONS. 

A  corporation  is  a  body  consisting  of  one  or  more  natural  persons,  es¬ 
tablished  by  law,  usually  for  some  particular  purpose,  and  continued  by  a 
succession  of  members. 

The  more  usual  corporations  are  the  following  :  Banks,  Public,  Manu¬ 
facturing,  Religious,  Mining,  and  Oil  corporations,  although  corporations 
can  be  formed  for  almost  any  purpose.  They  are  usually  created  by  act 
of  Congress,  or  by  a  legislative  act  of  the  State.  Several  of  the  States 
have  general  laws  authorizing  companies  formed  for  various  business 
purposes  to  become  incorporated  without  special  charters  by  complying 
with  certain  conditions.  This  is  particularly  the  case  in  New  York. 

Corporations  are  controlled  as  to  what  they  do  and  how  it  is  to  be  dona 
by  their  charters  or  acts  of  incorporation,  and  can  not  exceed  the  powers 
therein  given.  If  there  are  no  special  provisions  in  the  charter  or  by¬ 
laws,  the  vote  of  a  majority  of  those  present  at  a  regular  meeting  and 
voting  binds  the  corporation. 

Within  the  limits  of  its  authority  or  act  of  incorpoiAtion,  expressed  or 
implied,  a  corporation  can  lawfully  do  all  the  acts  which  a  natural  per* 
son  can  do. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


95 


A  corporation  may  be  dissolved  by  the  expiration  of  the  time  for  which 
it  was  created,  by  a  surrender  of  the  charter  ;  by  death  of  all  the  mem¬ 
bers,  where  no  mode  is  provided  by  the  charter  by  which  the  loss  can  bo 
supplied  ;  or,  if  it  be  a  public  corporation,  it  can  be  dissolved  by  legisla¬ 
tive  enactment,  .but  not  if  it  is  a  private  corporation,  unless  the  express 
power  to  do  so  is  reserved  in  the  charter. 

Corporations  have,  as  a  general  rule,  the  power  to  admit  members,  to 
remove  them  for  cause,  to  sue  and  be  sued,  and  to  have  a  seal ;  to  make 
by  laws,  provided  that  they  do  not  conflict  with  its  charter  and  the  law. 

A  deed  of  a  corporation  must  be  executed  under  its  corporate  seal. 

The  forms  given  for  mining  and  oil  corporations  in  Pennsylvania  and 
for  corporations  for  manufacturing,  mining,  mechanical,  or  chemical 
purposes  in  New  York,  will  be  found  useful  guides  in  forming  corpora¬ 
tions  under  the  statutes  of  many  of  the  other  States. 


1— Stock  and  Dividends. 

Engagement  to  take  Stock  in  a  Corporation  to  be  Formed. 

The  undersigned  hereby  engage  with  A.  B.  &  C.  D.,  proprietors  of  the 
Bank,  and  with  each  other,  that  they  will  take  the  number  of  shares 
in  the  Bank  Company  proposed  to  be  formed,  set  opposite  their  re¬ 
spective  names,  and  pay  for  them  as  stipulated. 

It  is  understood  that  the  capital  of  the  said  company  is  to  be  dol¬ 
lars,  in  shares,  of  dollars  each. 

It  is  also  understood  and  agreed  that  the  representations  to  us  that  the 
profits  of  the  business,  viz.  :  dollars  per  annum,  shall  be  sustained  by 

an  examination  of  the  books  of  the  present  proprietors,  or  our  obligations 
o  take  stock  are  null  and  void. 

[Date.]  [Signatures  and  number  of  shares.] 


2.— Transfer  of  Stock. 

Know  all  men  that  I,  A.  B.,  of  for  value  received,  do  bargain,  sell, 
assign,  and  transfer  unto  C.  D.,  of  ,  shares  of  capital  stock,  stand¬ 
ing  in  my  name,  on  the  books  of  the  company  :  and  I  do  hereby  con¬ 
stitute  and  appoint  the  said  C.  D.  my  true  and  lawful  attorney,  irrevoca¬ 
ble,  in  my  name  or  otherwise,  but  to  his  own  use  and  benefit,  and  at  his 
own  expense  and  charges,  to  take  all  lawful  ways  and  means  for  the  re¬ 
covery  and  enjoyment  thereof. 

Witness  my  hand  and  seal  the  day  of  a.d.  18  . 

[Signature.]  [Seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signature  of  witness.] 


96 


TIOW  TO  BE  YOUR  OWN  LAWYER. 


3.— Power  to  Transfer. 

Know  all  men  that  I,  A.  B.,  of  county  of  State  of  do  hereby 
constitute  and  appoint  C.  D.,  of  county  of  State  of  my  trm 
and  lawful  attorney,  for  me  and  in  my  name  and  behalf,  to  sell,  assign, 
and  transfer  to  E.  F.,  of  the  whole  of  the  shares  of  capital  stock  stand¬ 
ing  in  my  name  on  the  books  of  the  company,  and  for  that  purpose 
to  make  and  execute  all  necessary  acts  of  assignment  and  transfer. 

Witness  my  hand  [etc.,  as  in  last  form  above.] 

4.— Authority  to  Collect  Dividends. 

Know  all  men  that  I,  A.  B. ,  of  county  of  State  of  do  au¬ 
thorize,  constitute,  and  appoint  C.  D.,  of  county  of  State  of 
to  receive  from  the  company  of  the  dividend  now  due  me  on 
stock  standing  in  my  name  on  the  books  of  said  company,  and  to  give  a 
receipt  for  the  same,  and  I  hereby  ratify  and  confirm  all  that  may  law¬ 
fully  be  done  in  the  premises  by  virtue  hereof. 

Witness  my  hand  [etc.,  as  in  form  2.] 

5.— Proxy. 

Know  all  men,  that  I,  A.  B.,  of  do  hereby  appoint  C.  D.,  of 
my  attorney  for  me,  and  in  my  stead,  to  vote  as  my  proxy,  at  any  elec¬ 
tion  of  the  [designating  officer  or  offices  to  be  voted  for],  of  the 
company,  according  to  the  number  of  votes  I  should  be  entitled  to  cast, 
if  then  personally  present. 

Witness  [etc.,  as  in  form  2.] 

6. — Affidavit  to  be  Annexed  to  Proxy,  to  Enable  Voting  at  an 

Election  in  a  Moneyed  Corporation. 

I,  A.  B. ,  do  solemnly  and  sincerely  swear  [or  affirm]  that  the  shares 
on  which  I  hereby  offer  to  vote  by  C.  D.,  my  attorney  and  agent  in  the 
above  proxy,  do  not  belong,  and  are  not  hypothecated  to  the  [insert 
name  of  corporation  for  which  the  election  is  to  be  held]  ;  and  that  they 
are  not  hypothecated  or  pledged  to  any  other  corporation  or  person 
whatever  ;  that  such  shares  have  not  been  transferred  to  me  for  the  pur¬ 
pose  of  enabling  me  to  vote  thereon  at  the  ensuing  election,  and  that  I 
have  not  contracted  to  sell  or  transfer  them,  upon  any  condition,  agree¬ 
ment,  or  understanding,  in  relation  to  my  manner  of  voting  at  the  said 
election. 

[Signature  of  stockholder.] 

Sworn  before  me,  this  day  of  18  . 

E.  F.,  Notary  Public  for  county  of 

7.  —Certificate  of  Association  of  Mining  Corporation  Under  the 

General  Statute  of  Pennsylvania  of  1854. 

To  all  to  whom  it  may  concern  :  We,  the  undersigned  [here  insert 
names],  citizens  of  the  United  States  of  America,  joint  owners  and  ten- 


HOW  TO  BE  YOUR  OWN  LAWYER. 


97 


ants  in  common  of  the  mineral  lands  in  Pennsylvania  hereinafter  de¬ 
scribed,  desiring  to  form  a  company  under  the  provisions  of  an  act  of 
the  General  Assembly  of  the  State  of  Pennsylvania,  entitled  “  An  Act  to 
enable  joint  tenants,  tenants  in  common  and  adjoining  owners  of  mineral 
lands  in  this  Commonwealth  to  manage  and  develop  the  same/'  passed 
on  the  21st  April,  1854,  and  the  various  supplements  thereto,  for  the 
purpose  of  [here  state  the  object — e.  g .,  thus  :]  developing  and  improving 
the  said  mineral  lands,  and  of  engaging  in  and  carrying  on  the  mining 
and  preparing  for  market,  coal,  fire-clay,  and  other  minerals  found  on  or 
in  the  said  lands,  manufacturing  the  products  of  the  same,  and  selling 
or  conveying  the  same,  and  the  products  thereof,  to  market,  in  compli¬ 
ance  with  the  provisions  thereof  : 

Do  certify  as  follows  : 

First.  The  corporate  name  of  the  said  company  shall  be  [stating  name 
of  it],  and  the  term  of  its  existence  years  [not  exceeding  twenty]. 

Second.  The  objects  for  which  the  company  is  formed  are  the  develop¬ 
ing  and  improving  the  mineral  lands  hereinafter  particularly  described, 
and  mining  of  and  preparing  for  market,  coal,  fire-clay,  and  other  min¬ 
erals  found  on  or  in  the  said  lands,  manufacturing  the  products  of  the 
same,  and  the  selling  or  conveying  the  same,  and  the  products  thereof, 
to  market. 

Third .  The  lands  owned  by  us  consist  of  tracts,  and  are  located  in 
the  counties  of  and  in  the  State  of  Pennsylvania,  and  contain 
together  acres,  or  thereabouts,  and  the  same  are  described  as  follows 
[here  insert  a  full  description,  as  in  a  deed]. 

Fourth.  The  said  lands  have  been  divided  into  shares,  and  the  par 
value  or  amount  of  each  share  is  dollars. 

Fifth.  The  residences  of  the  owners  and  the  number  of  shares  owned 
by  each  of  us  is  as  follows — viz. : 


NAMES. 

RESIDENCES. 

NO.  OF  SHARES. 

Sixth.  The  chief  operations  of  the  company  are  to  be  carried  on  in 
county  aforesaid. 

Seventh.  The  number  of  directors  shall  be  and  the  said  [here  in¬ 
sert  names]  shall  be  directors  who  shall  manage  the  affairs  of  the  com¬ 
pany  until  the  next  annual  election. 

In  testimony  whereof  we  have  hereunto  set  our  hands  and  seals  this 
day  of  18  . 

[Signatures.]  [Seals.] 

The  above  form  must  be  acknowledged  before  a  proper  officer  and 
certified  to  by  the  Attorney -General  of  the  State. 

5 


98 


HOW  TO  BE  TOUR  OWN  LAWYER. 


8.— Certificate  of  Association  of  an  Oil  Company,  Formed 
Under  the  Statute  of  1863. 

To  all  whom  it  may  concern:  We,  the  undersigned  [inserting 
names],  citizens  of  the  United  States  of  America,  desiring  to  form  a  cor¬ 
poration  under  the  provisions  of  an  act  of  the  General  Assembly  of  the 
State  of  Pennsylvania,  entitled  “An  Act  relating  to  corporations  for 
mechanical,  manufacturing,  mining,  and  quarrying  purposes,”  passed 
on  the  eighteenth  day  of  July,  eighteen  hundred  and  sixty-three,  and 
the  various  supplements  thereto,  have  associated  ourselves  together,  and 
do  hereby  associate  ourselves  together,  under  the  provisions  of  the  said 
lets  and  the  supplements  thereto,  in  the  manner  following  : 

First.  The  corporate  name  of  the  said  corporation  or  company  shall 
be  [stating  the  name]. 

Second.  The  purposes  for  which  the  said  corporation  is  established  are 
[here  state  the  object — e.  g.y  thus  :]  the  carrying  on  the  mining,  boring, 
and  digging  for,  or  otherwise  obtaining  from  the  earth,  petroleum,  rock, 
or  carbon  oils,  coal,  salt,  and  other  minerals  ;  manufacturing  and  vend¬ 
ing  the  same  in  the  crude  and  refined  state ;  and  the  manufacturing,  for¬ 
warding,  and  vending  lumber  and  barrels,  in  compliance  with  the  pro¬ 
visions  of  the  said  act  and  the  supplements  thereto. 

Third.  The  place  within  which  said  corporation  is  established  is  the 
township  of  in  the  county  of  in  the  State  of  Pennsylvania. 

Fourth.  The  amount  of  the  capital  stock  of  the  said  corporation  shall 
be,  and  is  dollars,  which  shall  be  divided  into  shares  of  the  par 
value  of  dollars  each. 

In  testimony  whereof,  we  have  hereunto  set  our  hands  and  seals  the 
day  of  a.d.  eighteen  hundred  and 

[Signatures.]  [Seals.] 

[This  certificate  must  be  acknowledged  as  in  form  6.] 


9.— Certificate  of  Incorporation  for  Business  Within  the  State 
of  New  York. 


State  of  New  York, 
County  of 


-  ss. 


We,  the  undersigned  [naming  at  least  three  corporators],  do  by  these 
presents,  pursuant  to  and  in  conformity  with  the  act  of  the  Legislature 
of  the  State  of  New  York,  passed  on  the  seventeenth  day  of  February, 
one  thousand  eight  hundred  and  forty-eight,  entitled  “An  Act  to  au¬ 
thorize  the  formation  of  corporations  for  manufacturing,  mining,  me¬ 
chanical  or  chemical  purposes,”  and  the  several  acts  of  the  said  Legis¬ 
lature  amendatory  thereof,  associate  ourselves  together,  and  form  a  body 
politic  and  corporate,  and  do  hereby  certify  : 

1 .  That  the  corporate  name  of  the  said  company  is  [here  insert  name 
in  full]. 

2.  That  the  objects  for  which  the  said  corporation  is  formed  arc  as 
follows  [here  state  them  with  precision,  but  in  general  terms]. 


HOW  TO  BE  TOUR  OWN  LAWYER. 


99 


3.  That  the  capital  stock  of  the  said  corporation  shall  he  dollars, 
which  shall  he  divided  into  shares  of  dollars  each. 

4.  That  the  said  corporation  shall  commence  on  the  day  of  in 
the  year  one  thousand  eight  hundred  and  and  shall  continue  in  ex¬ 
istence  for  the  term  of  years. 

5.  That  the  number  of  trustees  of  the  said  corporation  shall  he 
whose  names  are  as  follows,  and  who  shall  manage  the  concerns  of  the 
said  corporation  for  the  first  year.  [Names.] 

6.  That  the  names  of  the  town  and  county  [or,  towns  and  counties]  in 

which  the  operations  of  said  company  are  to  be  carried  on  are  [here 
designate  them,  and  if  more  than  one  is  named,  add  :]  and  the  principal 
place  of  business  of  the  said  corporation  shall  be  the  of  in  the 
county  of  and  State  of  New  York.  [Signatures.] 


CUSTOM  HOUSE. 

All  goods  imported  from  a  foreign  country  must  be  entered  in  writing 
at  the  custom  house  at  a  port  of  entry,  whether  they  pay  any  duty  or 
not.  Articles  of  personal  use  included  in  ordinary  baggage  and  house¬ 
hold  furniture  a  year  in  use  are  not  subject  to  duty.  The  duties  are  de¬ 
tailed  in  the  latest  tariff  act,  but  are  growing  less  and  are  imposed  on 
fewer  articles  as  the  national  debt  decreases  and  the  revenue  needed  is 
less.  The  owner  or  consignee,  or  an  agent  of  either,  who  must  file  his 
power  of  attorney  with  the  collector  and  give  bonds  to  procure  the 
owner’s  oath  to  the  invoice,  may  enter  goods.  The  owner  or  consignee 
must  make  oath  to  the  actual  cost  or  market  price  of  goods,  which  is 
generally  that  in  the  invoice,  and  the  costs  of  packing,  export  duties,  and 
all  charges,  including  commissions  incurred  in  the  country  of  export,  the 
sum  of  all  which  is  the  dutiable  value  or  the  amount  upon  which  duty  is 
charged. 

Three  copies  of  each  invoice  should  be  made — one  to  send  to  the  con¬ 
signee,  one  to  file  with  the  consul  of  the  port  of  export,  and  the  other  to 
be  sent  by  said  consul  to  the  collector  of  the  port  to  which  the  goods  are 
to  be  sent  in  this  country.  The  one  sent  the  consignee  and  by  him  pre¬ 
sented  to  the  collector  should  agree  with  the  one  the  collector  receives 
from  the  consul. 

The  entry  is  made  according  to  a  form  to  be  obtained  at  the  custom 
house,  or  of  a  custom  house  broker,  and  contains  the  particulars  of  the 
marks,  description,  and  quality  of  the  goods,  the  per  cent,  of  duty,  and 
the  total  amount  of  duty.  Of  course  the  last  two  particulars  are  more 
within  the  knowledge  of  the  experienced  customs  officers  and  brokers 


100 


HOW  TO  BE  YOUR  OWN  LAWYER. 


than  ordinary  people,  and  in  practice  it  is  usually  found  preferable  to  em 
ploy  a  broker  to  get  goods  through  the  custom  house  to  save  vexation 
and  delay,  though  every  citizen  has  a  right  to  do  his  business  himself, 
and  the  custom  house  clerks  are  bound  to  allow  him  to  do  so,  and  at  the 
smaller  ports  it  is  probably  comparatively  easy. 

Goods  entered  for  immediate  use  or  to  be  retained  in  the  owner's  pos¬ 
session  are  said  to  be  entered  for  consumption  ;  but  if  it  is  desirable  to 
have  them  warehoused  in  the  Government  bonded  warehouses  they  are 
sent  to  a  designated  warehouse,  subject  to  storage,  the  owner  giving  a 
bond  to  pay  the  duties  when  they  are  withdrawn  from  the  warehouse. 

The  entry  being  for  consumption  and  made  according  to  form,  is  com¬ 
pared  with  the  invoice  and  bill  of  lading,  and  the  duties  estimated  by  the 
proper  clerks,  and  a  permit  for  delivery  is  given.  When  the  papers  are 
taken  to  the  naval  officer  and  a  like  examination  made  and  the  permit 
checked,  then  the  deputy  collector  takes  the  owner's  oath  and  designates 
about  one  parcel  in  ten  to  be  taken  to  the  appraiser’s  office  for  examina¬ 
tion.  If  this  discloses  no  fraud  or  mistake  the  appraiser's  certificate  is 
added  to  the  papers.  This  process  is  necessarily  much  simpler  at  small 
ports  which  have  no  naval  officer  nor  deputy  collector. 


DEBTS. 

[See  Recovery  of  Debts.] 


DEEDS. 

A  deed  is  any  written  instrument  containing  a  contract  or  agreement 
signed,  sealed,  and  delivered  as  the  act  of  the  person  making  it.  It  is  a 
term  used  more  commonly  in  reference  to  conveyances  of  lands,  tene¬ 
ments,  and  hereditaments. 

The  requisites  of  a  deed  are  that  it  be  printed  or  written  on  paper  or 
parchment,  and  be  made  by  a  person  capable  of  contracting  and  with  a 
person  capable  of  being  contracted  with,  and  contain  the  names  of  the 
grantor  and  grantee ;  there  must  be  something  to  be  contracted  for ;  it 
must  contain  the  requisite  parts  and  be  sealed  and  delivered,  and  should 
be  signed  and  witnessed,  and  for  the  purpose  of  being  recorded  should 
be  acknowledged  in  the  manner  required  by  statute  in  the  State  or  Ter¬ 
ritory  where  the  property  is  situated.  [See  chapter  on  Acknowledg* 


HOW  TO  BE  YOUR  OWN  LAWYER. 


101 


ments.]  The  deed  should  be  signed  by  the  grantor  and  by  his  wife,  it 
he  has  one,  and  be  acknowledged  by  both  unless  there  be  a  statute  ren¬ 
dering  this  unnecessary.  The  consideration  should  be  expressed  in  the 
body  of  the  instrument,  even  though  it  be  for  the  nominal  sum  of  one 
dollar. 

In  those  States  where  the  wife  has  dower,  the  grantor,  if  married,  can 
not  give  a  good  title,  unless  his  wife  signs  the  deed  with  him.  She  can 
not  be  compelled  to  sign.  The  grantee  should  refuse  to  accept  a  deed 
without  her  signature  in  those  States  where  dower  has  not  been  abol¬ 
ished.  [See  Dower.]  The  grantee  should  see  that  words  showing  that 
the  wife  releases  her  dower  and  right  of  dower  are  used  in  the  deed. 

It  is  advisable  to  have  a  deed  witnessed  by  at  least  two  disinterested 
persons.  Although  a  seal  may  not  always  be  required,  it  is  more  pru¬ 
dent  to  affix  one  at  the  end  of  each  signature. 

The  grantor  pays  for  drawing  the  deed  ;  the  grantee  pays  for  search¬ 
ing  the  title. 

For  the  greater  security  of  the  grantee  he  should  have  search  made 
for  the  following  incumbrances  on  the  property  :  Transfers,  mortgages, 
ds  pendens,  commissioner's  loans,  judgments  in  the  county  clerk's  office 
and  in  the  U.  S.  district  and  circuit  courts,  taxes  and  tax  sales,  sheriff’s 
and  marshal’s  sales,  insolvent  and  general  assignments,  appointment  of 
receivers  and  appointment  of  trustees  of  absconding,  concealed,  non-resi¬ 
dent  or  imprisoned  debtors  ;  mechanics'  and  other  liens,  and  exemptions 
under  the  homestead  act. 

The  grantor  is  the  party  making  the  deed  and  the  grantee  the  party  in 
whose  favor  it  is  made  and  to  whom  it  is  delivered.  The  usual  cove¬ 
nants  in  a  deed  are  that  the  grantor  is  lawfully  seized  ;  that  he  has  a  good 
right  to  convey ;  that  there  are  no  encumbrances  on  the  property  ;  that 
the  grantee  shall  have  quiet  enjoyment,  and  that  the  grantor  will  warrant 
and  defend  the  title  against  all  lawful  claims.  The  grantor  signs  his 
name,  or  it  is  done  by  some  person  in  his  presence  and  by  his  direction, 
or  by  an  agent  authorized  by  an  instrument  under  seal  to  do  so.  If  a 
grantor  requests  it  or  can  not  read,  the  instrument  must  be  read  over  to 
him  before  its  execution.  If  the  grantor  is  unable  to  write,  he  makes 

his 

“  his  mark,”  as,  for  example,  James  X  Brown. 

mark 

If  a  corporation  transfers  property,  the  president  usually  signs  the 
deed  as  president  and  affixes  the  corporate  seal. 

All  erasures  or  interlineations  should  be  noted  at  the  foot  of  the  instru- 
ment,  and  just  above  the  signatures  of  the  witnesses. 


102 


HOW  TO  BE  YOTTR  OWN  LAWYER 


All  blanks  in  a  deed  should  be  filled  before  execution. 

Any  material  alteration  in  a  deed  after  execution  makes  it  void. 

There  should  be  a  delivery  and  acceptance  of  a  deed  to  make  it  oper 
ative. 

A  deed  poll  is  one  which  binds  only  the  party  making  and  executing  it 

A  deed  is  construed  in  a  manner  favorable  to  its  validity,  and  is  gov¬ 
erned  by  the  law  of  the  place  where  the  land  is  situated  as  to  form  and 
req*  irements. 

I  is  the  duty  of  the  grantee  to  have  the  deed  recorded  immediately 
after  it  is  delivered  to  him.  If  he  should  fail  to  do  so,  and  the  grantor 
should  make  another  conveyance  of  the  same  property  to  a  third  party 
who  was  ignorant  of  the  first  sale,  he  would  lose  his  title,  provided  said 
third  party  recorded  his  deed  immediately.  For  example,  if  A  sells 
land  to  B,  who  neglects  to  record  his  deed,  and  A  afterward,  and  be¬ 
fore  B’s  deed  is  recorded,  sells  the  same  property  to  C,  who  is  ignorant 
of  the  sale  to  B,  B  would  lose  his  title  to  the  property,  provided  C  re¬ 
corded  his  deed  before  B’s  was  on  record.  The  deed  should  be  recorded 
in  the  office  of  the  register  or  clerk  of  the  county  where  the  property  is 
situated. 

l.—A  Bargain  and  Sale  Deed. 

This  indenture  made  this  day  of  in  the  year  one  thousand  eight 
hundred  and  between  A.  B. ,  of  in  the  county  of  and  State  of 
farmer  [and  C.  B.  his  wife],  of  the  first  part,  and  E.  F.,  of  in 
said  county,  merchant,  of  the  second  part :  Witnesseth,  that  the  said 
party  [or  parties]  of  the  first  part,  in  consideration  of  the  sum  of 
dollars,  to  him  [or  them]  paid  by  the  said  party  of  the  second  part,  the 
receipt  whereof  is  hereby  acknowledged,  has  [or  have]  granted,  bar¬ 
gained,  and  sold,  and  by  these  presents  does  [or  do]  grant,  bargain,  and 
sell  unto  the  said  party  of  the  second  part,  and  to  his  heirs  and  assigns 
forever,  all  [here  insert  description  of  premises],  together  with  all  and 
singular  the  tenements,  hereditaments,  and  appurtenances  thereunto  be¬ 
longing,  or  in  any  wise  appertaining  ;  and  the  reversion  and  reversions, 
remainder  and  remainders,  rents,  issues,  and  profits  thereof  ;  and  also  all 
the  estate,  right,  title,  interest  [dower  and  right  of  dower],  property, 
possession,  claim,  and  demand  whatsoever,  as  well  in  law  as  in  equity  of 
the  said  party  [or  parties]  of  the  first  part,  of,  in,  and  to  the  above¬ 
granted  premises,  and  every  part  and  parcel  thereof  :  To  have  and  to 
hold  all  and  singular  the  above-granted  premises,  together  with  the  ap¬ 
purtenances  and  every  part  thereof  unto  the  said  party  of  the  second 
part,  his  heirs  and  assigns,  forever. 

In  witness  whereof  the  said  party  [or  parties]  of  the  first  part  has  [oi 
have]  hereunto  set  his  hand  and  seal  [or  their  hands  and  seals]  the  day 
and  year  first  above  written. 

[Signature  and  seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signature  of  witness.] 


HOW  TO  EE  YOUR  OWN  LAWYER. 


103 


2. — Warranty-Deed. 

This  indenture  made  this  day  of  in  the  year  one  thousand  eigh 
hundred  and  between  A.  B.,  of  the  city  of  and  State  of  mer¬ 
chant  [and  C.  B.  his  wife],  of  the  first  part,  and  E.  F.,  of  in  said 
county,  farmer,  of  the  second  part,  Witnesseth  :  That  the  said  party  [or 
parties]  of  the  first  part,  in  consideration  of  the  sum  of  dollars,  law¬ 
ful  money  of  the  United  States,  to  him  [or  them]  in  hand  paid  by  the 
said  party  of  the  second  part,  at  or  before  the  ensealing  and  delivery  of 
these  presents,  the  receipt  whereof  is  hereby  acknowledged,  and  the  said 
party  of  the  second  part,  his  executors  and  administrators,  forever  re¬ 
leased  and  discharged  from  the  same,  by  these  presents,  has  [or  have] 
granted,  bargained,  sold,  aliened,  remised,  released,  conveyed,  and  con¬ 
firmed,  and  by  these  presents  does  [or  do]  grant,  bargain,  sell,  alien,  re¬ 
mise,  release,  convey,  and  confirm  unto  the  said  party  of  the  second  part, 
and  to  his  heirs  and  assigns  forever,  all  [here  insert  description],!  to¬ 
gether  with  all  and  singular  the  tenements,  hereditaments,  and  appurte¬ 
nances  thereunto  belonging  or  in  any  wise  appertaining  ;  and  the  rever¬ 
sion  and  reversions,  remainder  and  remainders,  rents,  issues,  and  profits 
thereof ;  and  also  all  the  estate,  right,  title,  interest  [dower  and  right  of 
dower],  property,  possession,  claim,  and  demand  whatsoever,  both  in 
law  and  in  equity,  of  the  said  party  [or  parties]  of  the  first  part,  of,  in,  and 
to  the  above-granted  premises  and  every  part  and  parcel  thereof,  with  the 
appurtenances.  To  have  and  to  hold  the  above-mentioned  and  described 
premises,  with  the  appurtenances  and  every  part  thereof,  to  the  said 
party  of  the  second  part,  his  heirs  and  assigns,  forever. 

And  the  said  A.  B.  and  his  heirs,  the  above-described  and  hereby 
granted  and  released  premises,  and  every  part  and  parcel  thereof,  with 
the  appurtenances,  unto  the  said  party  of  the  second  part,  his  heirs  and 
assigns,  against  the  said  party  [or  parties]  of  the  first  part,  and  his  [or 
their]  heirs,  and  against  all  and  every  person  and  persons  whomsoever, 
lawfully  claiming  or  to  claim  the  same  or  any  part  thereof,  shall  and  will 
warrant  and  forever  defend. 

In  witness  whereof  the  said  party  [or  parties]  of  the  first  part  has  [or 
have]  hereunto  set  his  hand  and  seal  [or  their  hands  and  seals]  the  day 
and  year  first  above  written. 

[Signatures  and  seals.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signature  of  witness.] 

3 —Short  Form  of  Warranty-Deed,  with  Full  Covenants. 

Know  all  men  by  these  presents  that  A.  B.,  of  in  the  county  of 
and  State  of  farmer  [and  C.  B.  his  wife],  of  the  first  part,  in  consid¬ 
eration  of  dollars,  to  him  [or  them]  paid  by  E.  F.,  of  in  the  county 
of  and  State  of  the  receipt  whereof  is  hereby  acknowledged,  do 
grant,  bargain,  sell,  and  confirm  unto  the  said  E.  F.,  bis  heirs  and  assigns, 
forever,  all  [here  insert  description],!  with  the  appurtenances  thereuntc 
belonging  or  in  any  wise  appertaining,  and  the  reversion  and  reversions, 
remainder  and  remainders,  rents,  issues,  and  profits  thereof,  and  also  all 
the  estate,  right,  title,  and  interest  [dower  and  right  of  dower],  property, 


104 


HOW  TO  BE  YOUR  OWN  LAWYER. 


possession,  claim,  and  demand  whatsoever,  both  in  law  and  in  equity,  oi 
the  said  party  [or  parties]  of  the  first  part,  of,  in,  and  to  the  above-granted 
premises  and  every  part  and  parcel  thereof,  with  the  appurtenances. 

And  the  said  A.  B.  does,  for  himself  and  his  heirs,  executors,  and  ad¬ 
ministrators,  covenant  with  the  said  E.  F.,  his  heirs  and  assigns,  that  at 
the  time  of  making  this  conveyance  he  is  well  seized  of  the  premises,  as 
of  a  good  and  indefeasible  estate  in  fee-simple,  and  has  good  right  to  bar¬ 
gain  and  sell  the  same,  as  aforesaid,  and  that  the  same  are  free  from  all 
encumbrance  whatsoever ;  and  the  above-granted  premises,  in  the  quiet 
and  peaceable  possession  of  the  said  E.  F.,  and  his  heirs  and  assigns,  ho 
will  warrant  and  forever  defend. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal  the  day 
of  in  the  year  one  thousand  eight  hundred  and 

Signed,  sealed,  and  delivered  [Signatures.]  [Seal.] 

in  the  presence  of 

[Signature  of  witness.] 

Attestation  of  a  Deed  in  which  Erasures  or  Interlineations 

appear. 

In  witness  whereof  the  said  party  of  the  first  part  has  hereunto  set  his 
hand  and  seal  the  day  and  year  first  above  written. 

[Signature.]  [Seal.] 

Sealed  and  delivered  in  the  pres- ' 
ence  of  [the  word  “  seven  ”  on  the 
first  page  was  erased,  the  words 
“be  the  same  more  or  less”  writ¬ 
ten  over  an  erasure  on  the  third 
page,  and  the  words  “dower  and 
right  of  dower  ”  cancelled  on  third 
page  before  execution.] 

[Signatures  of  witnesses.] 


4— Deed  by  a  Corporation. 

This  indenture  made  this  day  of  in  the  year  one  thousand  eight 
hundred  and  between  the  [insert  the  legal  title  of  the  corporation]  of 
parties  of  the  first  part,  and  E.  F.,  of  the  same  place,  party  of  the 
second  part,  witnesseth,  that  the  said  parties  of  the  first  part,  in  consid¬ 
eration  of  the  sum  of  dollars  [thence  proceeding  as  in  other  deeds  to 
the  covenants,  each  of  which  will  begin  thus  :]  And  the  said  parties  of 
the  first  part  [or  name  the  corporation],  for  themselves  and  their  succes¬ 
sors,  do  covenant  [etc.,  continuing  as  in  other  cases.] 

In  witness  whereof  the  said  par¬ 
ties  of  the  first  part  have  hereunto 
caused  their  corporate  seal  to  be 
affixed  and  these  presents  to  be 
subscribed  by  [insert  president, 
cashier,  or  officer,  as  the  corpora¬ 
tion  may  order.] 


[Corporate  seal.] 


[Signature  of  officer.] 


HOW  TO  BE  YOUR  OWN  LAWYER. 


1C5 


5.— Deed  by  Attorney. 

This  indenture  made  the  day  of  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  between  A.  B.,  of  county  of 
and  State  of  and  C.  B.  his  wife,  of  the  first  part,  by  E.  F.,  their  at¬ 
torney  in  fact,  specially  thereto  constituted  by  power  of  attorney,  dated 
the  day  of  18  and  recorded  in  [reciting  the  proper  office],  as  by 
reference  thereto  will  more  fully  appear,  and  E.  J.,  of  county  of 
and  State  of  of  the  second"  part,  witnesseth,  etc.,  [proceeding  as  in 
foregoing,  and  concluding  as  follows  :] 

In  witness  whereof  the  said  parties  of  the  first  part,  by  E.  F.,  their  at¬ 
torney  in  fact,  have  hereunto  set  their  hands  and  seals  the  day  and  year 
first  above  written. 

Signed,  etc.,  A.  B.  [Seal.] 

C.  B.  [Seal.] 
By  E.  F.,  their  attorney. 

6— Deed  by  Executors. 

This  indenture  made  this  day  of  one  thousand  eight  hundred 
and  between  A.  B.,  of  the  city  of  in  the  State  of  executor 
[or,  if  there  are  several,  say :  A.  B.,  of,  etc.,  and  C.  D.,  of,  etc.,  execu¬ 
tors]  of  the  last  will  and  testament  of  E.  F.,  late  of  in  the  county  of 
and  State  of  deceased,  of  the  first  part,  and  S.  H.,  of  in  the 
county  of  of  the  second  part,  witnesseth  :  That  the  said  party  [or  par¬ 
ties]  of  the  first  part,  by  virtue  of  the  power  and  authority  to  him  [or 
them]  given  in  and  by  the  said  last  will  and  testament,  and  in  consid¬ 
eration  of  the  sum  of  dollars  to  him  [or  them]  paid  by  the  said  party 
of  the  second  part,  the  receipt  whereof  is  hereby  acknowledged,  has  [or 
have]  granted,  bargained,  sold,  aliened,  remised,  released,  conveyed,  and 
confirmed,  and  by  these  presents  does  [or  do]  grant,  bargain,  sell,  alien,  re¬ 
mise,  release,  convey,  and  confirm  unto  the  said  party  of  the  second  part, 
his  heirs  and  assigns,  forever,  all  [here  insert  description  of  property], 
together  with  all  and  singular  the  tenements,  hereditaments,  and  appur¬ 
tenances  thereunto  belonging,  or  in  any  wise  appertaining  ;  and  the  re¬ 
version  and  reversions,  remainder  and  remainders,  rents,  issues,  and 
profits  thereof  ;  and  also  all  the  estate,  right,  title,  interest,  property, 
possession,  claim,  and  demand  whatsoever,  both  in  law  and  equity, 
which  the  said  testator  had  in  his  lifetime,  and  at  the  time  of  his  decease, 
and  which  the  said  party  [or  parties]  of  the  first  part  [or  either  of  them, 
have  or]  has,  by  virtue  of  the  said  last  will  and  testament,  or  otherwise, 
of,  ii ,  and  to  the  above-granted  premises,  and  every  part  and  parcel 
thereof,  with  the  appurtenances.  To  have  and  to  hold  all  and  singular 
the  above-granted  premises,  together  with  the  appurtenances,  and  every 
part  thereof,  unto  the  said  party  of  the  second  part,  his  heirs  and  assigns, 
forever. 

And  the  said  party  [or  parties]  of  the  first  part,  for  himself,  his  [or 
themselves,  their]  heirs,  executors,  and  administrators,  does  [or  do]  cov¬ 
enant,  promise,  and  agree,  to  and  with  the  party  of  the  second  part,  that 
he  is  [or  they  are]  lawfully  the  executor  [s]  of  the  last  will  and  testament 

5* 


106 


HOW  TO  BE  YOUR  OWN  LAWYER. 


of  said  M.  N. ,  and  lias  [or  have]  power  to  convey  as  aforesaid,  and  has 
[or  have]  in  all  respects  acted,  in  making  this  conveyance,  in  pursuance 
of  the  authority  granted  in  and  by  the  said  last  will  and  testament ;  and 
that  he  has  [or  they  have]  not  made,  done,  or  suffered  any  act,  matter, 
or  thing  whatsoever,  since  he  was  [or  they  were]  executor  as_  aforesaid, 
whereby  the  above-granted  premises,  or  any  part  thereof,  are,  shall,  or 
may  be  impeached,  charged,  or  encumbered  in  any  manner  whatsoever. 

In  witness  whereof  the  said  party  [or  parties]  of  the  first  part  has  [or 
have]  hereunto  set  his  hand  and  seal  [or  their  hands  and  seals]  the  day 
and  year  first  above  written. 

A.  B.,  Executor,  etc.  [Seal.] 

Signed,  sealed,  and  delivered  in  presence  of 
[Signature  of  witness.] 

7— Deed  to  Correct  Mistakes  in  a  Prior  Conveyance. 

This  indenture  made  this  day  of  18  between  A.  B.,  of 
merchant,  of  the  first  part,  and  E.  F.,  of  farmer,  of  the  second  part, 
witnesseth : 

Whereas  the  said  A.  B.  did,  on  or  about  the  day  of  18  execute 
and  deliver  to  the  party  of  the  second  part,  for  the  consideration  therein 
mentioned,  a  conveyance  of  certain  lands  in  hereinafter  more  par¬ 
ticularly  described,  which  said  conveyance  is  recorded  in  the  office  of 
the  of  county,  book  page  of  conveyances.  And  whereas, 
in  said  conveyance,  by  mistake  [specify  the  errors].  And  whereas,  to 
prevent  difficulties  hereafter,  it  is  expedient  to  correct  said  errors  :  Now, 
therefore,  this  indenture  witnesseth,  that  the  said  party  of  the  first  part, 
h  consideration  of  the  premises  and  of  one  dollar  to  him  paid  by  the 
party  of  the  second  part,  hereby  grants,  conveys,  releases,  and  confirms 
unto  the  said  party  of  £he  second  part,  his  heirs  and  assigns,  forever,  all 
[etc.,  insert  description,  and  continue  as  in  forms  2  or  3  of  deeds  from  f]. 

8 —Deed  of  Gift. 

This  indenture  made  this  day  of  one  thousand  eight  hundred 
and  between  A.  B.,  of  in  the  county  and  State  of  [and  C.  B. 
his  wife],  of  the  first  part,  and  E.  J.  B.,  of  the  same  place,  son  of  the 
said  A.  B.,  of  the  second  part :  Witnesseth,  that  the  said  A.  B.,  for  and 
in  consideration  of  the  natural  love  and  affection  which  he  has  unto  the 
said  E.  J.  B.,  by  these  presents  does  give,  grant,  alien,  enfeoff,  and  con¬ 
firm  unto  the  said  E.  J.  B.,  his  heirs  and  assigns,  forever,  all  [here  insert 
description  of  the  premises]  :  Together  with  all  and  singular  the  tene¬ 
ments,  hereditaments,  and  appurtenances  thereunto  belonging,  or  in  any 
wise  appertaining ;  and  the  reversion  and  reversions,  remainder  and  re¬ 
mainders,  rents,  issues,  and  profits  thereof,  and  all  the  estate,  right 
[dower  and  claim  of  dower],  title,  interest,  property,  claim,  and  demand 
whatsoever,  of  the  said  party  [or  parties]  of  the  first  part,  of,  in,  and  to 
the  said  premises,  with  the  appurtenances,  and  every  part  thereof.  To 
have  and  to  hold  all  and  singular  the  above-granted  premises,  with  the 
appurtenances,  unto  the  said  E.  J.  B.,  his  heirs  and  assigns,  forever. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


107 


In  witness  whereof  the  party  [or  parties]  of  the  first  part  has  [or  have] 
hereunto  set  his  hand  and  seal  [or  their  hands  and  seals],  the  day  ana 
year  above  written. 

[Signatures  and  seals.] 

Signed,  sealed,  and  delivered  in  presence  of 
[Signature  of  witness.] 

9— Deed  when  Grantee  assumes  payment  of  a  Mortgage  on  the 

Property. 

[Use  form  2  or  3  of  deeds  and  insert  the  following  at  f  :] 

The  above-described  premises  being  subject  to  a  certain  indenture  of 
mortgage  made  by  A.  B.  to  M.  N.  to  secure  payment  of  the  sum  of 
dollars,  bearing  date  on  the  day  of  18  and  recorded  in  the  office 
of  the  of  the  county  of  in  liber  of  mortgages,  page  the 
payment  of  which  is  assumed  by  the  said  party  of  the  second  part  [then 
continue  as  in  above  form]. 


10.— Release  of  Dower, 

Know  all  men,  that  I,  C.  B.,  of  in  the  city  of  in  the  county  of 
and  State  of  wife  of  A.  B.,  of  said  city  [or  widow  of  A.  B.,  late 
of  said  city,  deceased],  in  consideration  of  dollars,  to  me  paid  by  E. 
F. ,  of  in  said  county,  the  receipt  whereof  is  hereby  acknowledged, 
have  granted,  remised,  released,  conveyed,  and  forever  quit-claimed,  and 
by  these  presents  do  grant,  remise,  release,  and  forever  quit-claim  unto 
the  said  E.  F. ,  and  to  his  heirs  and  assigns,  forever,  all  the  dower  and 
thirds,  right  and  title  of  dower  and  thirds,  and  all  other  right,  title,  in¬ 
terest,  property,  claim,  and  demand  whatsoever,  in  law  and  in  equity, 
of  me,  the  said  C.  B.,  of,  in,  and  to  all  [here  insert  description  of  prem¬ 
ises  ;  or,  if  the  release  is  intended  to  be  a  general  one,  say,  all  and  every 
the  lands,  tenements,  and  real  estate,  whereof  the  said  A.  B.  died  seized 
or  possessed,  or  whereof  he  was  seized  or  possessed,  at  the  time  of  his 
intermarriage  with  the  said  C.  B.,  or  at  any  time  since,  wheresoever  the 
same  may  lie  and  be  situate],  so  that  neither  I,  the  said  C.  B.,  my  heirs, 
executors,  administrators,  or  assigns,  nor  any  other  person  or  persons, 
for  me,  them,  or  any  of  them,  shall  have,  claim,  or  demand  any  dower 
or  thirds,  or  any  other  right,  title,  claim,  or  demand,  of,  in,  or  to  the 
same,  or  any  part  thereof,  but  thereof  and  therefrom  shall  be  utterly 
barred  and  excluded  forever. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal  this  day 
of  in  the  year  one  thousand  eight  hundred  and 

C.  B.  [Seal.] 

Signel,  sealed,  and  delivered  in  presence  of 
[Signature  of  witness.] 


108 


HOW  TO  BE  TOUR  OWN  LAWYER. 


11.— Deed  of  a  Right  of  Way. 

This  indenture  made  this  day  of  in  the  year  one  thousand  eight 
hundred  and  between  A.  B. ,  of  county  of  and  State  of  oi 
the  first  part,  and  C.  D. ,  of  of  the  second  part :  Witnesseth,  that  the  said 
A  .B.,  for  and  in  consideration  of  the  sum  of  dollars,  lawful  money  of 
the  United  States,  unto  him  well  and  truly  paid  by  the  said  C.  D.,  at  and 
before  the  ensealing  and  delivery  hereof,  the  receipt  whereof  is  hereby 
acknowledged,  hath  granted,  bargained,  and  sold,  and  does  grant,  bar¬ 
gain,  and  sell  unto  the  said  C.  D.,  his  heirs  and  assigns,  the  free  and  un¬ 
interrupted  use,  liberty,  and  privilege  of,  and  passage  in  and  along  a  cer¬ 
tain  alley  or  passage,  of  ten  feet  in  breadth  by  one  hundred  feet  in  depth, 
extending  out  and  from  [describing  the  direction  of  the  way].  Together 
with  free  ingress,  egress,  and  regress  to  and  for  the  said  C.  D.,  his  heirs 
and  assigns,  and  his  and  their  tenants,  under-tenants  [if  for  a  carriage¬ 
way,  here  add,  4 ‘with  carts,  vehicles,  carriages,  horses,  or  cattle,  as  by 
him  or  them  shall  be  necessary  and  convenient  ”]  at  all  times  and  seasons 
forever  thereafter,  into,  along,  upon,  and  out  of  the  said  alley  or  passage¬ 
way,  in  common  with  him,  the  said  A.  B.,  his  heirs  and  assigns,  and  his 
and  their  tenants  or  under-tenants. 

To  have  and  to  hold  all  and  singular  the  privileges  aforesaid  to  him  the 
said  C.  D.,  his  heirs  and  assigns,  to  the  and  their  only  proper  use  and  be 
hoof,  in  common  with  him,  the  said  C.  D.,  his  heirs  and  assigns,  as  afore 
said.  [Here  add,  if  desired,  “  Subject,  nevertheless,  to  the  moiety  oi 
equal  half  part  of  all  necessary  charges  and  expenses,  which  shall  from 
time  to  time  accrue  in  paving,  amending,  repairing,  and  cleansing  the 
said  alley  or  passage-way.”] 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal  this  day 
of  18  . 

A.  B. 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signatures  of  witnesses.] 


12.— Release  of  Part  of  Mortgaged  Premises. 

This  indenture  made  this  day  of  in  the  year  one  thousand  eight 
hundred  and  between  A.  B.,  of  in  the  county  of  and  State  of 
of  the  first  part,  and  C.  D.,  of  in  the  said  county,  farmer,  of  the 
second  part :  Whereas,  C.  D.,  by  a  mortgage  bearing  date  the  day  of 
18  for  the  consideration  therein  mentioned,  and  to  secure  the  pay¬ 
ment  of  the  money  therein  specified,  did  convey  certain  lands  and  tene¬ 
ments,  of  which  the  premises  hereinafter  described  are  part,  unto  A.  B., 
aforesaid :  And  whereas,  the  said  party  of  the  first  part,  at  the  request  ol 
the  said  party  of  the  second  part,  has  agreed  to  give  up  and  surrender 
the  premises  hereinafter  described,  unto  the  said  party  of  the  second  part, 
and  to  hold  and  retain  the  residue  of  the  mortgaged  premises  as  security 
for  the  money  remaining  due  on  the  said  mortgage. 

Now  this  indenture  witnesseth,  that  the  said  party  of  the  first  part,  in 


HOW  TO  BE  YOUR  OWN  LAWYER. 


109 


pursuance  of  the  said  agreement,  and  in  consideration  of  one  dollar  to 
him  paid,  the  receipt  whereof  is  hereby  acknowledged,  has  granted,  re¬ 
mised,  released,  quit-claimed,  and  set  over,  and  by  these  presents  does 
grant,  release,  quit-claim,  and  set  over,  unto  the  said  party  of  the  second 
part,  all  that  part  of  the  said  mortgaged  premises  [here  insert  the  descrip¬ 
tion  of  the  part  released]  :  Together  with  the  hereditaments  and  appur¬ 
tenances  thereto  belonging ;  and  all  the  right,  title,  and  interest  of  the 
said  party  of  the  first  part,  of,  in,  and  to  the  same,  to  the  intent  that  the 
lands  hereby  conveyed  may  be  discharged  from  the  said  mortgage,  and 
that  the  rest  of  the  lands  in  the  said  mortgage  specified  may  remain  to 
the  said  party  of  the  first  part  as  heretofore. 

To  have  and  to  hold  the  lands  and  premises  hereby  released  and  con¬ 
veyed  to  the  said  party  of  the  second  part,  his  heirs  and  assigns,  forever, 
free,  clear,  and  discharged  of  and  from  all  lien  and  claim,  under  and  by 
virtue  of  the  mortgage  aforesaid. 

In  witness  whereof  the  said  party  of  the  first  part  has  hereunto  set  his 
hand  and  seal  the  day  and  year  first  above  written. 

A.  B.  [Seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signature  of  witness.] 


13— Trust  Deed. 

This  indenture  made  the  day  of  in  the  year  one  thousand  eight 
hundred  and  between  A.  B.,  of  in  the  county  of  and  State  of 

[and  C.  B.  his  wife],  of  the  first  part,  and  C.  D.,  of  in  the  said 

county,  as  trustee  for  of  the  second  part,  witnesseth :  That  the  said 

party  [or  parties]  of  the  first  part,  in  consideration  of  the  sum  of  dol¬ 

lars  to  him  [or  them]  paid  by  the  said  party  of  the  second  part,  the  re¬ 
ceipt  whereof  is  hereby  acknowledged,  has  [or  have]  granted,  bargained, 
sold,  aliened,  remised,  released,  conveyed,  and  confirmed,  and  by  these 
presents  does  [or  do]  grant,  bargain,  sell,  alien,  remise,  release,  convey, 
and  confirm  unto  the  said  party  of  the  second  part,  and  to  his  heirs  and 
assigns,  forever,  all  [here  insert  description]. 

To  have  and  to  hold  all  and  singular  the  above-granted  premises,  to¬ 
gether  with  the  appurtenances  and  every  part  thereof,  unto  the  said  party 
of  the  second  part,  his  successors  and  assigns,  forever,  in  fee,  upon  the 
trusts,  nevertheless,  and  to  and  for  the  uses,  interests,  and  purposes  here¬ 
inafter  limited,  described,  and  declared — that  is  to  say,  upon  trust  to  re¬ 
ceive  the  issues,  rents,  and  profits  of  the  said  premises,  and  apply  the 
same  to  the  use  of  E.  F.  during  the  term  of  his  natural  life,  and,  after  the 
death  of  the  said  E.  F.,  to  convey  the  same  by  deed  to  S.  T.  in  fee. 

In  witness  whereof  the  parties  to  these  presents  have  hereunto  inter 
changeably  set  their  hands  and  seals  the  day  and  year  first  above  written, 

[Signatures  and  seals.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signature  of  witness.] 


110 


HOW  TO  BE  TOUR  OWN  LAWYER. 


14.— Deed  by  Trustees  or  Assignees  of  an  Insolvent  or  Bankrupt. 

To  all  to  whom  these  presents  shall  come  :  We,  A.  B.,  C.  D.,  and  E. 
F.,  of  in  the  county  of  and  State  of  trustees  [or  assignees]  of 
the  estate  of  G.  H.,  of  a  bankrupt  [or  an  insolvent  debtor,  or  of  the 
estate  of  G.  H.,  late  of  an  absconding  debtor]. 

Whereas  [here  recite  the  essential  proceedings  and  the  sale  made  pur¬ 
suant  thereto,  and  conclude :] 

Now,  therefore,  know  ye,  that  we,  the  said  A.  B.,  C.  D.,  and  E.  F.,  by 
virtue  of  the  power  and  authority  in  us  vested  as  aforesaid,  and  in  con¬ 
sideration  of  the  aforesaid  sum  of  dollars,  to  us  paid  by  the  said  L. 
M. ,  the  receipt  whereof  is  hereby  acknowledged,  do  hereby  grant,  bar¬ 
gain,  sell,  and  convey  unto  the  said  L.  M.,  his  heirs  and  assigns,  forever, 
all  the  interest  which  the  said  G.  H.  had,  on  the  day  of  18  [nam¬ 
ing  the  day  on  which  the  debtor’s  title  was  divested  by  the  proceedings], 
in  and  to  all  [description  of  the  premises],  together  with  all  and  singular 
the  tenements,  hereditaments,  and  appurtenances  thereunto  belonging, 
or  in  any  wise  appertaining,  and  the  reversion  and  reversions,  remainder 
and  remainders,  rents,  issues,  and  profits  thereof. 

To  have  and  to  hold  the  said  above-bargained  premises,  with  the  ap¬ 
purtenances,  and  every  part  thereof,  unto  the  said  party  of  the  second 
part,  his  heirs  and  assigns,  to  his  and  their  only  proper  use  and  behoof 
forever,  as  fully  and  absolutely  as  the  said  parties  of  the  first  part  can 
and  ought  to  do,  pursuant  to  the  statute  and  their  authority,  as  aforesaid. 

In  witness  whereof  the  said  parties  of  the  first  part  have  hereunto  set 
their  hands  and  seals  the  day  and  year  first  above  written. 

[Signatures,  titles,  and  seals.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signature  of  witness.] 

15—  Quit-claim  Deed. 

Know  all  men  by  these  presents  that  I  [or  we],  A.  B.,  of  county  of 

State  of  [and  0.  B.  his  wife],  in  consideration  of  dollars  to 

me  [or  us]  paid  by  E.  F.  of  the  receipt  of  which  is  hereby  acknowl¬ 
edged,  have  remised,  released,  and  forever  quit-claimed,  and  by  these 
presents  do  for  myself,  my  [or  ourselves,  our]  heirs,  executors  and  ad¬ 
ministrators,  remise,  release,  and  forever  quit-claim  unto  the  said  E.  F. , 
his  heirs  and  assigns,  forever,  all  such  right,  title,  interest  [dower,  right 
of  dower],  property,  possession,  claim,  and  demand  as  I  [or  as  we,  or 
either  of  us]  have  or  ought  to  have  in  or  to  all  [insert  description  of 
premises]. 

To  have  and  to  hold  the  said  premises  unto  the  said  E.  F.,  his  heirs 
and  assigns,  to  his  and  their  only  proper  use  and  behoof  forever,  so  that 
neither  I,  the  said  A.  B.,  or  any  other  person  in  my  name  and  behalf  [or 
we,  the  said  A.  B.  and  C.  I).,  or  either  of  us,  or  any  other  person  in  our 
or  either  of  our  names  and  behalf],  shall  or  will  hereafter  claim  or  de¬ 
mand  any  right  or  title  to  the  premises  or  any  part  thereof,  but  they  and 
every  of  them  shall  by  these  presents  be  excluded  and  forever  barred. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Ill 


In  witness  whereof,  I  [or  we]  have  hereunto  set  my  [or  our]  hand[s] 
and  seal[s]  this  day  of  18  . 

[Signatures.]  [Seals.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signatures  of  witnesses.] 


DELIVERY. 

Delivery  is  the  act  of  transfer  of  the  written  title  to  property  (deeds), 
yc  of  written  promises  to  pay  (notes),  or  of  property  itself  according  to 
contract.  It  is  the  final  act  which  completes  the  contract  and  makes  it 
irrevocable.  When  the  deed  is  finally  and  intentionally  handed  to  the 
purchaser,  his  title  to  the  land  becomes  as  good  as  it  formerly  was  when 
he  was  actually  given  a  portion  of  a  sod,  or  a  twig,  and  put  into  posses* 
sion  before  witnesses  who  were  told  of  the  intention  of  the  parties  ;  but  a 
deed  may  be  delivered  in  trust,  conditionally,  not  to  be  complete  till  the 
happening  of  some  specified  event. 

There  is  no  particular  form  or  method  of  delivery  which  may  be  as 
various  as  the  ways  of  giving  any  other  paper,  though  an  intention  t< 
deliver  with  all  that  it  implies  must  exist,  and  the  receiver  must  accept, 
with  the  intention  of  taking  possession  of  the  property  conveyed,  before 
the  delivery  is  complete. 

Delivery  of  a  note  is  entirely  similar,  though  it  is  oftener  conditional, 
and  more  apt  to  be  imperfect  or  fraudulent,  the  paper  being  less  formal. 
But  the  imperfect  delivery  of  a  note,  check,  or  draft  may  become  bind¬ 
ing  on  the  maker  if  the  paper  gets  into  the  hands  of  a  holder  in  good 
faith  who  paid  value  for  it,  on  account  of  the  negotiable  quality  of  the 
paper.  Great  care  should  be  taken  not  to  give  up  notes,  etc.,  until  the 
consideration  of  them  is  fully  realized,  or  the  contract  under  which 
they  are  given  is  thoroughly  understood  and  complete.  Notes  should 
not  be  given  in  advance  of  a  definite  settlement  or  to  evidence  debts, 
for  many  persons  have  thus  been  held  firmly  to  a  promise  they  did  net 
intend  to  make.  A  contract  of  sale,  exchange,  or  gift  is  completed  by 
the  delivery  of  the  personal  property  itself,  which  is  simply  giving  it  up 
fnto  the  possession  or  dominion  of  the  proper  party.  It  may  be  sym¬ 
bolical,  as  by  the  delivery  of  a  key,  the  affixing  of  a  mark,  by  measur¬ 
ing  out  or  setting  aside,  but  always  with  the  intention  to  part  with  the 
property. 

The  contract  of  sale  is  not,  however,  always  followed  by  delivery,  as 
the  article  may  by  agreement  remain  with  the  seller.  Such  agreements 
are  often  given  to  defraud  creditors,  however,  and  should  be  closely 
watched. 


112 


HOW  TO  BE  YOUR  OWN  LAWYER. 


DIVORCE . 

Divorce  is  the  dissolution  or  partial  suspension  by  law  of  the  marriage 
relation.  Marriage  is  often  called  a  contract,  hut  it  is  one  that  estab* 
lishes  a  relation  or  status  and  can  not  be  broken  or  dissolved  by  mutual 
consent,  nor  is  the  wrong-doing  of  either  party  sufficient  to  authorize 
a  dissolution  or  break  the  contract  until  a  solemn  judgment  of  the  court 
it  act  of  legislature  formally  dissolve  the  relation.  So  that  usually,  if 
there  is  no  defence  to  a  suit  for  divorce,  the  case  does  not  go  by  default, 
but  is  heard,  so  far  as  to  show  its  justice  or  otherwise,  and  the  desire  of 
both  parties  for  the  same  result,  going  so  far  as  to  .produce  connivance 
between  them,  is  ground  for  denying  the  divorce.  If  the  offence  has 
been  forgiven  or  condoned,  none  is  granted.  So,  if  the  cause  is  adultery 
and  both  are  guilty  of  the  same  offence. 

A  decree  of  the  nullity  of  a  marriage  is  commonly  called  a  divorce. 
It  is  granted  when  one  of  the  parties  is  shown  to  have  been  married  to  a 
living  party  and  not  divorced,  or  the  marriage  was  only  pretended, 
forced,  or  fraudulent,  or  between  parties  within  the  prohibited  relation¬ 
ship,  but  these  are  also  general  causes  of  divorce. 

A  legal  separation  which  was  formerly  granted  more  frequently  than 
at  the  present  time,  and  which  left  the  parties  married  with  none  of  the 
rights  of  marriage,  is  called  a  divorce  from  bed  and  board.  It  grows 
less  common  as  the  laws  of  divorce  grow  more  liberal.  It  was  granted 
for  causes  that  are  now  grounds  for  a  full  divorce. 

The  canonical  or  scriptural  ground  of  divorce  is  for  adultery  only ; 
though  impotency  is  also  a  general  ground  for  divorce.  Adultery  and 
impotency  are,  as  a  general  rule,  grounds  for  a  divorce  in  all  the 
States  and  Territories. 

The  further  causes  of  divorce  are  best  stated  in  detail,  and  are  as  fol¬ 
lows  : 

Alabama — Desertion  two  years,  imprisonment  two  years,  the  sentence 
being  seven  years  or  more,  the  crime  against  nature,  drunkenness  of 
husband  before  marriage  if  not  known,  pregnancy  of  wife  at  marriage 
ii  unknown  by  the  husband,  and  for  cruelty  of  husband. 

Arizona-  Desertion  for  one  year,  cruelty,  conviction  of  felony  aftei 
marriage,  habitual  intemperance,  if  consent  of  either  party  to  the  mar 
riuge  was  obtained  by  force  or  fraud. 

Arkansas— Desertion  one  year,  cruelty,  habitual  drunkenness  for  one 
year,  conviction  of  felony  or  infamous  crime. 

California— Desertion  or  neglect  one  year,  cruelty,  drunkenness  one 
year,  and  conviction  of  felony. 

Colorado — Desertion  one  year,  want  of  support  one  year,  husband 


now  TO  BE  YOUR  OWN  LAWYER. 


113 


being  in  good  health,  cruelty,  drunkenness  one  year,  conviction  of  in¬ 
famous  crime. 

Connecticut-- Wilful  desertion  three  years,  or  seven  years’  absence, 
drunkenness,  cruelty,  conviction  of  infamous  crime. 

Dakota — Cruelty,  desertion,  drunkenness,  or  neglect  for  one  year,  and 
conviction  for  felony.  Desertion,  drunkenness,  must  continue  for  one 
year. 

Delaware — Desertion  for  three  years,  drunkenness,  cruelty,  and  con¬ 
viction  for  felony,  neglect  to  provide  for  support  of  wife  for  three  years. 

District  of  Columbia — Desertion  for  three  years,  cruelty. 

Florida — Desertion  one  year,  cruelty,  and  drunkenness.  Applicant 
must  have  resided  in  the  State  for  two  years  previous  to  application. 

Georgia — Desertion  for  three  years,  imprisonment  two  years  or  longer, 
cruelty,  drunkenness,  or  pregnancy  of  wife  at  marriage  unknown  to 
husband. 

Idaho — Desertion  one  year,  failure  to  provide— husband  having  ability 
— two  years,  cruelty,  drunkenness  two  years,  and  conviction  of  felony, 
when  the  sentence  is  two  years’  imprisonment  or  more. 

Illinois — Desertion  or  drunkenness  for  two  years,  cruelty,  attempt  on 
life,  and  conviction  of  infamous  crime. 

Indiana — Desertion  two  years,  cruelty,  drunkenness,  failure  to  pro¬ 
vide  for  family  for  two  years,  and  conviction  of  infamous  crime. 

Iowa — Desertion  two  years,  cruelty,  drunkenness,  conviction  of  felony, 
pregnancy  of  wife  at  marriage  by  another  than  husband  unless  husband 
has  illegitimate  child  unknown  to  wife. 

Kansas — Desertion  one  year,  cruelty,  drunkenness,  neglect,  conviction 
of  felony,  or  pregnancy  of  wife  by  another. 

Kentucky — Desertion  one  year,  cruelty,  drunkenness,  conviction  of 
felony,  loathsome  disease,  pregnancy  of  wife  by  another,  and  union  with 
religious  society  requiring  renunciation  of  marriage. 

Louisiana — Conviction  of  felony,  and  after  one  year  after  decree  of 
separation  for  desertion,  drunkenness,  excess,  cruelty,  and  attempt  on 
life. 

Maine — Desertion  three  years,  cruelty,  or  the  judge  deems  it  reason¬ 
able  and  proper,  conducive  to  domestic  harmony  and  consistent  with  the 
peace  and  morality  of  society. 

Maryland — Desertion  three  years,  and  fornication  of  wife  before  mar¬ 
riage,  separation  for  cruelty. 

Massachusetts — Desertion  three  years,  cruelty,  drunkenness,  neglect  to 
provide  if  able,  uniting  with  religious  society  believing  the  marriage 
relation  unlawful,  and  sentence  to  imprisonment  for  five  years. 

Michigan — Desertion  two  years,  cruelty,  neglect  to  provide  if  able, 
and  sentence  to  imprisonment  for  three  years. 

Minnesota — Desertion  three  years,  cruelty,  drunkenness  one  year,  sen¬ 
tence  to  imprisonment,  separation  for  neglect  to  provide. 

Mississippi — Desertion  two  years,  cruelty,  drunkenness,  arid  sentence 
to  penitentiary. 

Missouri — Desertion  one  year,  cruelty,  drunkenness,  vagrancy  of  hus 
band,  conviction  of  infamous  crime  before  or  after  marriage,  pregnancy 
of  wife  at  marriage  without  husband’s  knowledge. 


114 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Nebraska — Desertion  two  years,  cruelty,  drunkenness,  sentence  to  im 
prisonment  for  tliree  years  or  more,  failure  of  husband  to  provide. 

Nevada — Desertion  one  year,  cruelty,  drunkenness,  conviction  of  infa 
mous  crime,  neglect  to  provide  for  one  year  if  not  unavoidable. 

New  Hampshire— Desertion  or  absence  three  years,  cruelty,  drunken¬ 
ness  three  years,  sentence  to  imprisonment  for  one  year  or  more,  joining 
religious  society  believing  marriage  unlawful. 

New  Jersey — Desertion  three  years,  separation  for  cruelty. 

New  Mexico — Desertion,  cruelty. 

New  York — Separation  for  desertion  and  cruelty  ;  remarriage  is  not  al¬ 
lowed  the  guilty  party  divorced  for  adultery. 

North  Carolina — Pregnancy  of  wife  at  marriage  without  husband’s 
knowledge,  separation  for  desertion,  cruelty,  and  drunkenness. 

Ohio — Desertion  three  years,  cruelty,  drunkenness,  three  years’  im 
prisonment  ip  penitentiary. 

Oregon— Desertion  three  years,  cruelty,  drunkenness  two  years,  con¬ 
viction  of  felony. 

Pennsylvania — Desertion  two  years,  cruelty,  sentence  for  felony  for 
two  years. 

Rhode  Island— Desertion  five  years  or  at  discretion  of  court,  cruelty, 
drunkenness,  neglect  to  provide,  and  civil  death. 

So'uth  Carolina — All  laws  permitting  divorce  for  any  cause  are  re¬ 
pealed. 

Tennessee — Desertion  two 'years,  drunkenness,  attempt  on  life,  convic¬ 
tion  of  infamous  crime,  pregnancy  of  wife  at  marriage  without  hus¬ 
band’s  knowledge. 

Texas — Desertion  three  years,  cruelty,  confinement  in  State  prison  after 
one  year. 

Utah — Desertion  one  year,  cruelty,  drunkenness,  neglect  to  provide. 

Vermont — Desertion  three  years  or  absence  seven  years,  cruelty,  neglect 
to  provide,  sentence  to  three  years  or  more  in  State  prison. 

Virginia — Desertion  five  years,  conviction  of  infamous  crime  after  or 
before  marriage,  if  without  knowledge  of  the  other  prostitution,  or  preg¬ 
nancy  of  wife  before  marriage  without  knowledge  of  husband ;  separa¬ 
tion  for  desertion  and  cruelty. 

West  Virginia — Desertion  three  years,  sentence  to  confinement  in  peni¬ 
tentiary  before  or  after  marriage,  pregnancy  or  prostitution  of  wife  be¬ 
fore  marriage  without  knowledge,  separation  for  cruelty  and  drunkenness. 

Wisconsin— Desertion  one  year,  cruelty,  drunkenness,  sentence  to  three 
years’  imprisonment  or  more. 

Desertion  must  be  wilful  and  continuing  at  the  time  of  the  petition  for 
divorce.  Cruelty  must  be  extreme,  or  dangerous,  or  barbarous,  or  inhu¬ 
man.  Drunkenness  must  sometimes  have  been  contracted  after  the  mar¬ 
riage.  Its  sufficiency  as  a  cause  is  weakened  if  not. 

These  outlines  may  serve  to  show  wdien  one  has  a  legal  cause  of  di¬ 
vorce,  but  when  the  petition  or  libel  therefor  is  to  be  drawn  up  the 
words  of  the  statutes  in  each  State  must  be  consulted. 

A  valid  divorce  in  one  State  is  good  in  all  others  (though  if  there  was 
fraud  in  procuring  it,  it  may  uot  be  upheld  in  another  State),  but  the 
court  must  have  had  jurisdiction  of  both  parties  at  the  time  of  granting 


HOW  TO  BE  YOUR  OWN  LAWYER. 


115 


the  divorce.  The  time  that  one  must  reside  in  the  State  in  order  to  be 
entitled  to  a  decree  of  divorce  varies  in  each  State,  though,  as  a  general 
rule,  it  is  one  year. 


DOWER. 

[See  Husband  and  Wife.] 


DRAFTS. 

[See  Commercial  Paper.] 


EASEMENT. 

Easement  is  a  right  which  the  owner  of  one  parcel  of  land  has  by  rea¬ 
son  of  his  ownership  to  use  the  land  of  another  for  a  special  purpose  not 
inconsistent  with  a  general  property  in  the  owner,  or,  in  other  words,  it 
is  the  privilege  without  a  profit  which  the  owner  of  one  piece  of  land  has 
in  the  land  of  another. 

The  land  to  which  the  right  attaches  is  called  the  dominant  estate, 
while  that  in  or  over  which  the  right  is  to  be  exercised  is  called  the  servi¬ 
ent  estate. 

The  following  are  a  few  of  the  many  easements  : 

The  right  of  way  which  the  owner  of  one  piece  of  land  has  over  the 
land  of  another ;  the  right  of  receiving  and  discharging  water  over  the 
land  of  another  ;  the  right  of  having  support  to  buildings  from  the  land 
of  another  ;  the  right  of  the  owner  of  one  piece  of  land  to  have  the  nat¬ 
ural  flow  of  water  pass  from  his  land  over  the  land  of  another  ;  the  right 
to  go  on  the  land  of  another  and  clear  a  mill  stream  or  repair  its  banks  ; 
also  the  right  to  light  and  air. 

The  right  of  the  public  to  use  a  highway  is  an  easement. 

An  easement  frequently  arises  from  a  continued  use  for  a  long  period 
of  time.  The  use  in  this  case  must  be  adverse,  continued,  and  uninter¬ 
rupted  for  the  requisite  period  of  time  (usually  twenty  years),  as,  for  ex¬ 
ample,  the  continued  and  uninterrupted  use  by  the  public  of  a  road  for 
twenty  years. 

Easements  are  divided  into  two  classes — affirmative  and  negative. 

Affirmative  easements  are  those  where  the  servient  estate  must  pcrini 


116 


IIOW  TO  BE  YOUR  OWN  LAWYER. 


something  to  be  done  thereon,  as,  for  example,  to  pass  over  it  or  to  dis¬ 
charge  water  upon  it. 

Negative  easements  are  those  where  the  owner  of  the  servient  estate  is 
prohibited  from  doing  something  otherwise  lawful  on  his  estate  because 
it  will  affect  the  dominant  estate,  as,  for  example,  excavating  his  land  and 
thereby  removing  the  support  of  a  building  standing  on  the  dominant 
estate. 

All  easements  must  originate  in  an  express  grant,  an  implied  grant,  or 
in  prescription. 

These  easements  may  be  extinguished  by  abandonment,  release,  and  by 
merger,  as,  for  instance,  where  the  owner  of  the  one  estate  acquires  the 
title  to  the  other. 


EXECUTORS  AND  ADMINISTRATORS. 

An  executor  is  a  person  whom  the  testator  appoints  by  his  will  to  carry 
out  his  wishes  therein  expressed. 

As  a  general  rule,  all  persons  capable  of  making  wills  and  many  others 
can  be  executors. 

Executors  can  be  appointed  by  will  or  codicil ;  explicit  words  of  ap¬ 
pointment  are  not  necessary,  although  usual. 

An  administrator  is  a  person  appointed  by  the  proper  court  to  take 
charge  of  and  distribute  the  estate  of  an  intestate  or  of  a  testator  who 
has  no  executor.  An  administrator  with  the  will  annexed  is  a  person  ap¬ 
pointed  by  the  court  to  manage  and  distribute  the  estate  of  the  testator 
when  no  executor  is  named  in  the  will,  or  the  person  appointed  in  the 
will  refuses  to  act,  or  the  executor  dies  before  he  has  completed  his  du¬ 
ties  as  such  executor.  Beth  executors  and  administrators  are  regarded 
as  the  personal  representatives  of  the  deceased,  having  in  their  hands  his 
means  for  the  purpose  of  paying  his  debts,  completing  his  contracts,  and 
of  carrying  into  effect  his  will  if  he  has  left  one. 

The  proper  persons  to  take  out  letters  of  administration  are,  as  a  gen¬ 
eral  rule,  the  husband  or  wife  ;  then  the  children,  male  preferred  to  fe¬ 
male  ;  then  the  father  or  mother  ;  then  the  grandparents  ;  and  in  many 
of  the  States  a  creditor  can  apply  for  letters  of  administration  if  the 
proper  persons  refuse  or  delay  to  apply.  In  general,  anybody  can  be  an 
administrator  who  can  make  a  contract,  but  the  above  parties  have  the 
preference. 

The  authority  of  an  executor  dates  from  the  moment  of  his  testator's 
death ;  that  of  an  administrator  does  not  exist  until  letters  have  been 


HOW  TO  BE  YOUR  OWN  LAWYER. 


117 


granted  to  him,  and  then  it  reverts  back  to  the  time  of  the  death  of  the 
deceased,  and  then  only  for  the  purpose  of  protecting  the  estate. 

The  executor  is,  as  a  general  rule,  required  to  give  a  bond  before  let* 
ters  testamentary  are  issued  to  him,  unless  this  requirement  is  done  away 
with  by  statute,  or  the  testator  expressly  directs  in  his  will  that  no  bond 
be  required. 

A  bond  is  always  required  of  an  administrator.  [See  Bonds.] 

The  duties  of  executors  and  administrators  being  so  similar,  what  fol¬ 
lows  will  be  applicable  to  both. 

Immediately  after  letters  testamentary  or  of  administration  are  issued 
to  a  person  he  must  prepare  an  inventory  of  the  property  and  file  it.  He 
must  pay  the  funeral  expenses.  Within  a  convenient  time  after  the  death 
of  the  deceased  he  should  collect  the  goods  if  he  can  do  so  peacefully  ; 
if  not,  he  should  take  legal  measures ;  he  must  collect  the  goods  and 
chattels  and  the  claims  inventoried  ;  he  should  give  notice  of  his  appoint¬ 
ment  as  required  by  statute,  and  should  advertise  for  debts  and  credits  ; 
if  he  is  an  executor  he  must  follow  the  directions  of  the  will  in  reference 
to  personal  effects  ;  but  if  an  administrator,  he  must  collect,  appraise,  and 
sell  the  whole  ;  he  must  keep  the  money  safely,  and  may  be  charged  in¬ 
terest  on  it ;  he  must  pay  the  debts  in  the  following  order — first,  funeral 
expenses,  as  referred  to  above  ;  then  United  States,  State,  county,  and 
town  debts ;  then  general  creditors,  after  which  the  legacies  are  to  be 
paid.  If  a  sufficient  amount  to  pay  the  debts  of  the  deceased  is  not  real¬ 
ized  from  the  sale  of  personal  property,  an  application  is  made  to  the 
court  issuing  the  letters,  for  an  order  to  be  allowed  to  sell  the  real  prop¬ 
erty.  After  payment  of  debts  an  account  of  proceeding  must  be  filed  in 
the  court  issuing  the  letters ;  this  usually  must  be  done  within  a  year 
from  time  of  entering  on  the  duties.  Neither  an  executor  nor  an  admin¬ 
istrator  can  act  outside  of  the  State  in  which  he  was  appointed.  If 
either,  while  in  the  performance  of  his  duties,  makes  a  bill  or  note  and 
signs  it,  adding,  “  as  executor,”  or  “  as  administrator,”  he  is  personally 
liable,  unless  he  expressly  limits  his  promise  to  pay  by  the  words,  “  if 
the  assets  be  sufficient,”  or  some  equivalent  words,  but  such  a  note  or 
bill  would  not  be  negotiable  because  on  condition. 

Executors  and  administrators  usually  receive  a  commission  for  their 
services.  If  there  are  two  or  more  executors  and  one  of  them  die,  the 
survivors  or  survivor  continue  to  act.  If  all  die,  an  administrator  is  ap¬ 
pointed  by  the  court  on  the  application  of  the  proper  person. 

The  executor  should  notify  all  parties  in  interest  that  on  a  certain  day 
he  proposes  to  produce  the  will  for  probate  and  apply  for  letters. 


L 18 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Both  executors  and  administrators  should  give  notice  to  the  parties  in 
interest  of  their  intention  to  file  a  final  account  and  ask  for  a  discharge. 
After  the  expiration  of  a  certain  length  of  time,  usually  one  year,  any 
party  in  interest  can  apply  to  the  court  issuing  the  letters  to  compel  the 
executor  or  administrator  to  account. 


Form  of  a  Petition  for  Letters  of  Administration. 

[To  be  addressed  to  the  Court  of  Ordinary,  Court  of  Probate,  Orphans* 

Court,  County  Court,  or  Surrogate,  or  (as  the  case  may  be),  of  the 

proper  County.] 

To  the  Court  of  Ordinary  of  in  the  State  of  : 

The  petition  of  widow,  [or  son  or  daughter,  etc. ,  as  the  case  may 
be,]  of  late  of  deceased,  respectfully  shows  :  That  on  or  about 
the  day  of  18  ,  the  said  died,  leaving  goods,  chattels, 
rights,  credits,  and  real  estate  in  aforesaid ;  that,  to  the  best  of  the 
knowledge  and  belief  of  your  petitioner,  no  last  will  and  testament  was 
left  by  the  said  deceased  ;  that  the  deceased  has  left  a  widow 
your  petitioner,  aged  years,  and  two  children,  aged  years,  and 
aged  years  ;  and  that  the  deceased  was,  at  and  immediately  pre¬ 
ceding  his  death,  an  inhabitant  of 

Your  petitioner  therefore  prays  that  letters  of  administration  may  be 
granted  on  the  estate  of  the  said  deceased,  and  that  he  [or  she]  may  be 
appointed  the  administrator  thereof. 

[Signature.] 

Dated  this  day  of  a.d.  18  . 

Form  of  Advertisment  for  Granting  Letters  of  Administration. 

Notice. — Whereas  letters  of  administration  upon  [or  testamentary  to, 
in  case  of  an  executor]  the  estate  of  late  of  have  been  granted  to 
the  subscriber,  all  persons  indebted  to  the  said  estate  are  requested  to 
make  immediate  payment,  and  those  having  claims  or  demands  against 
the  same,  will  make  known  the  same  without  delay  to 

[Signature,] 

Administrator. 

Dated  this  day  of  18  . 

Inventory  of  Property. 

A  true  and  perfect  inventory  and  just  appraisement  of  all  and  singular 
the  goods  and  chattels,  rights  and  credits,  which  were  of  late  of 
county  of  and  State  of  deceased,  at  the  time  of  his  death,  to  wit : 

[Here  append  the  inventory,  estimating  bonds,  notes,  book-accounts, 
and  the  like,  under  the  headings  of  “good,  “doubtful,”  and  “bad* 


HOW  TO  BE  YOUR  OWM  LAWYER. 


119 


If  real  estate  is  to  be  appraised,  include  that  in  the  same  inventory,  add¬ 
ing  up,  however,  the  inventory  of  the  personal  property  separately.] 

Taken  and  appraised  by  us,  the  day  of  18  . 

[Signatures.] 

County,  ss. 

Personally  appeared  before  me,  Justice  of  the  Peace,  [or  any  propel 
officer],  in  and  for  the  said  county  and  who  upon  their  solemn  oath 
[or  affirmation],  do  depose  and  say,  that  they,  at  the  request  of  [as  the 
case  requires],  did  well  and  truly,  and  without  prejudice  or  partiality, 
value  and  appraise  the  goods,  chattels,  and  credits  which  were  of 
deceased,  as  set  forth  in  the  inventory  hereto  annexed,  and  in  all  respects 
performed  their  duties  as  appraisers,  to  the  best  of  their  skill  and  judg¬ 
ment. 

[Signatures.] 

Subscribed  and  sworn  [or  affirmed]  to  before  me,  this  day  of 

18  . 

[Name  and  title  of  officer.] 


Appointment  of  Appraisers. 


Estate  of  deceased. — I,  administrator  of  deceased,  do  here¬ 

by  certify  that  I  have  selected  and  summoned  [here  insert  names  of  per¬ 
sons  summoned,]  disinterested  and  competent  persons,  to  appraise  the 
personal  property  elected  to  be  taken  and  kept  by  widow  of  under 
the  [reciting  section  and  Act  under  which  claim  is  made.] 

Witness  my  hand  this  day  of  18  . 

[Signature.] 

Form  for  Appraisement. 

IN  THE  MATTER  OF  DECEASED. 


The  undersigned  having  been  selected  and  summoned  by  adminis¬ 
trator  of  deceased,  to  appraise  the  personal  property  retained  by 
widow  of  deceased,  under  the  provisions  of  [reciting  as  above],  and 
having  been  respectively  sworn  [or  affirmed] ,  do  value  and  appraise  the 
game  as  follows,  to  wit :  [inserting  articles  retained  and  value  of  each.] 
Witness  our  hands  and  seals  this  day  of  18  . 


[Signatures.] 


Form  for  Administrator’s  Account. 


Seal.] 
Seal.  | 
'Seal.] 


The  account  of  administrator  of  all  and  singular  the  goods, 

etc.,  which  were  of  late  of  county  of  yeoman 

deceased. 


L20 


HOW  TO  BE  YOUR  OWN  LAWYER 


18 

Dr. 

Dolls. 

Cts. 

18 

Cr. 

Dolls 

Ota 

The  said  accountant 

The  said  accountant 

charges  himself  with 

claims  credit  and  al¬ 

all  and  singular  the 

lowance  for  the  fol¬ 

goods,  etc.,  which  were 

lowing  disbursements, 

of  the  said  deceased, 

viz. : 

according  to  an  inven- 

Feb.  1 

By  cash  paid  for  let¬ 

tory  and  appraisement 

ters  of  administration.. 

5 

00 

thereof  filed  in 

u 

By  cash  paid  for  fu¬ 

office  in  amounting 

neral  expenses.  . 

100 

24 

to . 

10,000 

50 

(l 

By  cash  paid  for  me¬ 

dicine.. . 

10 

00 

He  further  charges 

u 

By  cash  paid  for  ser¬ 

himself  with  the  follow- 

vants’  wages . 

20 

25 

ing  sums  received  in 

44 

By  cash  paid  for  note 

cash  since  inventory : 

to  . 

750 

00 

44 

By  cash  paid  for  bal¬ 

Feb.  1 

Interest  on 

ance  of  book  account 

bonds  . 

300 

00 

to  . 

200 

00 

Mar.  1 

By  cash  paid  on  con¬ 

Interest  on  note  of 

tract  of  dec’d  with . 

5,000 

00 

250 

00 

By  cash  paid  for  state 

44 

and  county  tax,  for  18 

300 

60 

Mar.  1 

Interest  on  bond  of 

By  cash  paid  for 

75 

50 

Juno  1 

for  stating  this  ac¬ 

count . 

25 

00 

“ 

Dividend  of  4  per  ct. 

[if  property  set  apart 

on  stock . 

450 

25 

to  widows  or  children 

was  included  in  inven 

u 

Dividend  of  3  per  ct. 

tory  and  appraisement, 

on  It.  R.  6tock... . 

800 

75 

claim  a  credit  for  same.] 

Admin’s  commission, 

5  per  ct.  on  $<2,700  00... 

2,000 

Balance  in  lavor  of 

estate . . 

2,905 

91 

Sept.  1,18  . 

11,377 

00 

11,377 

00 

The  following  claims  exist  against  the  estate  of  the  said  intestate  : 
[Give  a  list  with  the  particulars  of  each  claim.] 

[Signature.] 


Affidavit  of  Administrator,  etc.,  to  an  Account. 

State  of  county  of  ss. 

Before  me,  [name  and  title  of  officer,]  personally  appeared  adminis¬ 
trator  [or  executor,  assignee,  trustee,  or  guardian,]  aforesaid,  who  doth 
depose  and  say,  that  the  above-stated  account  is  just  and  true,  to  the  best 
of  his  knowledge  and  belief. 

Subscribed  and  sworn  to  Tor  affirmed]  before  me  this  day  of 
18  . 

[Signature  and  title  of  officer.] 


EXEMPTION  AND  HOMESTEAD  LAWS. 

By  the  operation  of  the  exemption  laws,  a  certain  portion  of  personal 
property,  absolutely  necessary  to  live  upon,  as,  for  example,  barely  the 


121 


HOW  TO  BE  YOUR  OWN  LAWYER. 

imount  of  furniture  sufficient  for  the  family,  provisions  for  a  short 
time,  and  implements  of  labor,  and,  in  most  States,  a  home  to  live  in 
simply,  all  being  the  least  amount  with  which  a  man  may  support  his 
family  and  retain  his  capacity  to  earn  money  with  which  to  pay  his  debts, 
are  exempted  from  seizure  and  sale  for  debt.  This  policy  is  the  oppo¬ 
site  of  the  ancient  one  of  imprisonment  for  debt,  which  not  only  cut  off 
all  hope  of  collecting  the  debt,  but  created  a  debt  for  the  community  in 
providing  for  a  helpless  family. 

Some  of  our  States  are  quite  prodigal  in  their  exemptions. 

The  amount  exempted  in  each  State  is  as  follows : 


Alabama. 

The  personal  property  of  any  resident  of  this  State,  to  the  value  of 
$1,000,  to  be  selected  by  such  resident,  shall  be  exempted  from  sale  on 
execution  or  other  final  process  of  any  court  issued  for  the  collection  of 
any  debt  contracted  since  July  13, 1868.  Every  homestead  not  exceeding 
eighty  acres  of  land,  the  dwelling  and  appurtenances  thereon  to  be  se¬ 
lected  by  the  owner,  not  in  village,  town,  or  city,  or  in  line  thereof ;  at 
the  option  of  the  owner,  any  lot  in  a  city,  town,  or  village,  with  the  dwell¬ 
ing  and  appurtenances  thereon,  owned  and  occupied  by  any  resident  of 
the  State,  and  not  exceeding  the  value  of  $2,000,  shall  be  exempted  from 
sale  or  execution,  or  any  other  final  process  from  court,  since  the  adop¬ 
tion  of  the  present  Constitution. 


Arizona. 

All  spinning-wheels  and  weaving-looms,  with  the  apparatus  and  stoves 
put  up  and  kept  for  use  in  any  dwelling-house  ;  seat,  pew,  or  slip  in  house 
of  worship  ;  cemeteries,  tombs,  and  rights  of  burial ;  arms  and  accoutre¬ 
ments,  wearing  apparel,  library  and  school-books  not  over  $150  in  value, 
and  all  family  pictures,  are  exempt.  To  each  householder  ten  goats  or 
sheep,  with  their  fleeces  and  the  yarn  or  cloth  manufactured  from  the 
same ,  two  cows,  five  swine,  and  provisions  for  six  months,  and  all 
household  furniture  not  over  $600  in  value.  The  tools,  implement,  ma¬ 
terials,  stock,  apparatus,  team,  vehicle,  horses,  harness,  or  other  things  to 
enable  any  person  to  carry  on  the  profession,  trade,  occupation,  or  busi¬ 
ness  in  which  he  is  wholly  engaged,  not  over  $600  in  value  ;  one  sewing- 
machine  and  one  musical  instrument,  a  sufficient  quantity  of  hay,  gmin, 
feed,  and  roots  for  the  exempted  animals  three  months.  Any  chattel 
mortgage  or  lien  on  any  of  said  property  is  void  if  not  signed  by  the  wife, 
but  a  judgment  for  the  purchase-money  of  the  identical  article  may  be 
executed  on  it.  The  homestead,  including  water  right  to  irrigate,  not 
over  $5,000  in  value,  is  exempt,  but  not  as  to  mechanic’s,  laborer’s,  or 
vendor’s  lien.  No  mortgage,  sale,  nor  alienation  of  the  homestead  can  be 
made  without  wife’s  signature  acknowledged  separately. 

6 


122 


HOW  TO  BE  TOUR  OWN  LAWYER. 


Arkansas. 

Sec.  1.  The  personal  property  of  any  resident  of  the  State,  not  mar¬ 
ried  or  the  head  of  a  family,  in  specified  articles  to  be  selected  by  such 
resident,  not  exceeding  in  value  $200,  in  addition  to  his  or  her  wearing 
apparel,  is  exempt  from  attachment,  execution,  or  other  process  for  the 
collection  of  any  debt  by  contract,  except  the  debt  contracted  for  the 
purchase  thereof  while  in  the  hands  of  the  vendor. 

Sec.  2.  The  personal  property  of  any  resident  of  the  State,  who  is  mar¬ 
ried  or  at  the  head  of  a  family,  in  specified  articles,  to  be  selected,  not 
exceeding  in  value  $500,  besides  his  or  her  wearing  apparel  and  that  of 
the  family,  is  likewise  exempt  from  process  for  collection  of  any  debt 
by  contract. 

Sec.  3.  The  homestead  of  any  resident  of  the  State,  who  is  married  or 
at  the  head  of  a  family,  is  exempt  from  execution  or  other  process,  or  the 
lien  of  any  judgment  or  decree,  except  such  as  may  be  rendered  for  the 
purchase-money,  or  specific  liens,  laborers’  liens  for  improving  the  same, 
or  for  taxes,  or  for  moneys  due  from  executors,  administrators,  receivers, 
attorneys,  or  other  trustees  of  an  express  trust,  for  moneys  due  from  them 
in  their  fiduciary  capacity. 

Sec.  4.  The  homestead  outside  of  any  city,  town,  or  village  shall  con¬ 
sist  of  not  more  than  160  acres  of  land,  which,  with  the  improvements, 
must  not  exceed  in  value  $2,500,  and  in  no  event  shall  the  homestead  be 
reduced  to  less  than  eighty  acres ;  the  homestead  in  any  city,  town,  or 
village  shall  consist  of  not  more  than  one  acre  of  land,  which,  with  im¬ 
provements,  must  not  exceed  in  value  $2,500,  and  in  no  event  shall  such 
homestead  be  reduced  to  less  than  one-quarter  of  an  acre  of  land  without 
regard  to  value. 

The  necessary  tools  and  implements  of  a  mechanic  for  carrying  on  his 
trade,  all  military  equipments  required  by  law,  and  such  provisions  as 
are  on  hand  for  family  use,  are  exempt. 


California. 

The  following  property  is  exempt  from  any  execution  for  any  debt  ex¬ 
cept  for  the  purchase-money,  or  the  debt  be  secured  by  mortgage,  lien,  or 
pledge :  Chairs,  tables,  desks,  and  books  to  the  value  of  $200  ;  necessary 
household,  table,  and  kitchen  furniture,  including  sewing-machine,  stove, 
stove-pipes  and  furniture,  wearing  apparel,  beds,  hanging  pictures,  pro¬ 
visions  for  three  months,  three  cows  and  calves,  four  hogs  with  their  pigs, 
and  food  for  such  cows  and  hogs  for  one  month  ;  farming  utensils,  etc.; 
two  oxen  or  two  horses  or  two  mules  and  their  harness,  one  cart  or 
wagon  and  food  for  the  animals  one  month ;  seed,  grain,  or  vegeta¬ 
bles  on  hand  and  reserved  for  planting  within  six  months  not  over  $200 
in  value  ;  seventy  five  bee-hives  and  one  horse  or  vehicle  of  any  person 
maimed  or  crippled  ;  tools  or  implements  of  mechanic  or  artisan  ;  nota¬ 
ry’s  seal,  office  furniture,  and  records  ;  instruments  of  a  surgeon,  physi¬ 
cian,  music-teacher,  surveyor,  or  dentist ;  books,  professional  libraries, 
and  office  furniture  of  attorneys,  judges,  ministers  of  the  Gospel,  editors 


HOW  TO  BE  YOUR  OWN  LAWYER. 


123 


school  and  music  teachers,  and  all  the  indexes,  abstracts,  books,  papers, 
maps,  and  office  furniture  of  searcher  of  records,  miner’s  cabin,  not  ovei 
$500  in  value  ;  also  sluices,  pipes,  tools,  etc.,  not  to  exceed  $500  in  value ; 
and  two  horses,  mules,  or  oxen  and  their  food  one  month ;  when  used 
for  any  windlass,  derrick,  car,  pump,  or  hoisting  gear,  and  the  miner’s 
claim  worked  by  him  not  over  $1,000  in  value ;  and  one  cart,  wagon, 
dray,  truck,  coupe,  hack,  or  carriage  for  one  or  two  horses,  by  the  use  of 
which  a  cartman,  drayman,  truckman,  huckster,  pedlar,  hackman,  team¬ 
ster,  or  other  laborer  habitually  earns  his  living  ;  and  one  horse,  vehicle, 
and  harness  used  by  physician,  surgeon,  constable,  or  minister  of  the 
Gospel  and  food  for  the  animals  one  month ;  poultry  not  over  $25  in 
value ;  personal  earnings  within  thirty  days  of  levy  if  necessary  for 
the  family,  but  only  one-lialf  of  the  same  if  the  debt  is  for  necessaries  of 
life ;  shares  in  homestead  associations  not  over  $1,000  in  value ;  if  no 
homestead,  nautical  instruments  and  wearing  apparel  of  any  master,  offi¬ 
cer,  or  seaman  of  any  vessel ;  life  insurance  policies  and  their  benefits, 
if  the  annual  premium  is  not  over  $500 ;  all  fire-engines,  etc.  ;  all  fire¬ 
arms  required  by  law  to  be  kept  and  one  gun  selected  ;  all  court-houses, 
jails,  public  offices,  buildings,  cemeteries,  etc.  ;  homestead  not  over  $5,000 
in  value  selected,  or,  if  a  single  person,  the  homestead  must  not  exceed 
$1,000  in  value. 

Colorado. 

Household  furniture  not  over  $100,  provisions  for  six  months,  tools, 
implements,  or  stock  in  trade  $200,  library  and  implements  of  any  pro¬ 
fessional  man  not  over  $800,  working  animals  $200,  one  cow  and  calf,  ten 
sheep  and  their  food  six  months ;  farm- wagon,  cart,  or  dray,  one  plow 
one  harrow,  and  other  farm  implements,  including  harness  and  tackle 
for  team,  not  over  $50  in  value,  are  exempt ;  homestead  $2,000,  but  the 
word  “ homestead”  must  be  entered  in  the  margin  of  the  recorded  title. 

Connecticut. 

Necessary  apparel  and  bedding ;  household  furniture  necessary  for 
supporting  life ;  arms,  military  equipments,  implements  of  the  debtor’s 
trade ;  one  cow,  ten  sheep,  not  over  $150,  are  protected ;  and  certain 
specified  amounts  of  family  stores ;  one  stove  ;  the  horse,  saddle,  and 
bridle  ;  buggy  and  harness,  not  over  $250,  of  any  practicing  physician  or 
surgeon ;  one  sewing-machine  in  use,  one  pew  in  church  in  use,  and  a 
library  not  over  $500  in  value  ;  one  boat  used  in  fishing,  not  over  $200 
in  value  ;  and  pay  and  bounty,  whether  public  or  private,  of  soldiers  in 
the  service  of  the  State  or  United  States,  are  all  exempt.  No  homestead. 

Dakota. 

Family  pictures,  pew,  burial  lot,  Bible,  school-books,  and  library,  not 
over  $100  ;  wearing  apparel,  provisions  for  one  year,  fuel  for  one  year, 
and  homestead  are  absolutely  exempt ;  $1,500  of  other  personal  property 


124 


HOW  TO  BE  YOUR  OWN  LAWYER. 


to  be  selected  is  exempt  with  the  alternative  of  selecting  a  limited  amount 
out  of  each  of  certain  kinds  of  property  detailed  to  a  rather  greater  ag- 
gregate ;  but  none  but  the  absolute  exemption  applies  to  laborers’  o t 
mechanics’  wages  or  physicians’  bills.  Homestead  is  absolutely  exempt, 
except  for  taxes  and  mechanic’s  and  other  liens,  not  over  160  acres  ol 
one  acre  in  town,  without  limitation  as  to  value. 


Delaware. 

Bible,  school-books,  and  library  ;  pictures,  pew,  burial  lot,  wearing  ap¬ 
parel,  and,  in  addition,  tools,  implements,  and  fixtures  necessary  to  trade 
or  business — $75  in  Newcastle  and  Sussex  counties,  $150  in  Kent ;  other 
household  goods  up  to  $200  in  Newcastle  and  $150  in  Kent  are  exempted  ; 
sewing-machines  and  wages  in  Newcastle  county  are  exempt. 


District  of  Columbia. 

Wearing  apparel  of  all  persons,  household  furniture  of  householders, 
to  the  value  of  $300,  provisions  and  fuel  for  three  months,  tools  and  im¬ 
plements  of  trade  or  business  to  the  value  of  $200,  stock  for  carrying  on 
business  to  the  value  of  $200,  library  and  implements  of  professional 
man  or  artist  in  value  $300,  horse,  mule,  or  yoke  of  oxen  and  cart, 
wagon,  or  dray  and  harness  for  such  team,  farming  utensils,  and  food 
for  team  for  three  months,  and,  if  farmer,  $100  worth  of  other  farm¬ 
ing  tools  ;  family  pictures  and  library  to  the  value  of  $400  ;  one  cow, 
one  swine,  six  sheep,  wearing  apparel,  household  furniture,  and  pro¬ 
visions  are  exempt  from  wages  of  laborers,  servants,  or  clerks ;  wages 
two  months,  not  over  $200  of  married  person. 


Florida. 

Homestead  of  160  acres  of  land  and  improvements,  if  in  the  country  ; 
a  residence  and  one-half  acre  of  ground,  if  in  a  village  or  city ;  together 
with  $1,000  worth  of  personal  property  are  exempt.  An  additional 
sum  of  $1,000  worth  of  property  is  exempt  from  all  debts  incurred 
prior  to  May  10,  1865. 


Georgia. 

The  equipments  of  military  men  and  the  horses  and  wearing  apparel  of 
troopers,  two  beds  and  bedding,  a  spinning-wheel  and  two  pairs  of  cards, 
a  loom,  common  tools  of  the  debtor’s  trade,  ordinary  cooking  utensils, 
$30  worth  cf  provisions  and  the  family  Bible,  a  cow  and  a  calf,  one 
horse  or  mule  to  the  value  of  $50,  and  ten  swine  are  exempt.  The 
same  privileges  are  extended  to  widows  and  their  families  while  the 
widows  remain  single. 

Each  head  of  a  family,  every  aged  or  infirm  person,  or  person  having 
the  care  and  support  of  dependent  females  of  any  age,  who  is  not  tha 


1K)W  TO  BE  YOUR  OWN  LAWYER. 


125 


head  of  a  family,  or  guardian  or  trustee  of  a  family  of  minor  children, 
is  entitled  to  a  ‘homestead  of  realty  or  personalty,  or  both,  to  the  value 
in  the  aggregate  of  $1,600. --(Constitution  of  1877.)  Or  the  exemption 
by  prior  laws  may  be  had,  but  it  is  not  so  large. 


Idaho. 

Same  as  California,  except  that  a  life  insurance  with  premium  of  $250 
annually  is  allowed. 


Illinois. 

Lot  of  ground  and  buildings  thereon  occupied  as  a  residence  by  the 
debtor,  being  a  householder  and  having  a  family,  to  the  value  of  $1,000 
are  exempt.  Exemption  continues  after  the  death  of  the  householder  for 
the  benefit  of  widow  and  family,  some  one  of  them  occupying  the 
homestead  until  youngest  child  shall  become  twenty-one  years  of  age 
and  until  death  of  widow.  No  release  or  waiver  of  exemption  is  valid, 
unless  in  writing  and  subscribed  by  such  householder  and  wife  (if  he 
have  one),  and  acknowledged  as  conveyances  of  real  estate  are  required 
to  be  acknowledged. 

The  following  articles  of  personal  property  owned  by  the  debtor  are 
exempt  from  execution,  writ  of  attachment  and  distress  for  rent :  the 
necessary  wearing  apparel,  Bibles,  school-books,  and  family  pictures  of 
every  person  ;  $100  worth  of  other  property  to  be  selected  by  the  debtor  ; 
and,  in  addition,  when  the  debtor  is  the  head  of  a  family  and  resides  with 
the  same,  $300  worth  of  other  property,  also  to  be  selected  by  the  debtor  : 
— provided  such  selection  shall  not  be  made  from  money,  salary,  or 
wages  due  the  debtor.  Wages  of  a  laborer,  who  is  head  of  a  family, 
can  not  be  garnisheed,  except  the  sum  due  him  be  in  excess  of  $25. 

This  exemption,  however,  does  not  prevent  the  sale  of  land  for  taxes 
or  debts  incurred  for  the  purchase  or  improvement  of  the  land,  or  in¬ 
curred  prior  to  the  recording  of  the  notice  of  redemption. 

If  the  creditor  or  officer  holding  the  execution  thinks  the  property 
claimed  is  worth  more  than  one  thousand  dollars,  the  officer  may  sum¬ 
mon  six  qualified  jurors  of  his  county  to  appraise  the  premises  upon  oath, 
if,  in  their  opinion,  the  property  can  be  divided  without  injury. 


Indiana. 

Any  resident  householder  has  an  exemption  from  levy  and  sale  under 
execution  or  attachment  of  real  or  personal  property,  or  both,  as  he  may 
select,  to  the  value  of  $600  on  demands  on  contracts.  The  law  furthei 
provides  that  no  property  shall  be  sold  by  virtue  of  an  execution  for  less 
than  two-thirds  of  its  appraised  cash  value.  The  provisions  of  this  law 
can  be  waived  in  contracts.  To  do  this  the  note  or  contract  should  read, 
“  Payable  without  relief  from  valuation  or  appraisement  laws.” 


126 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Iowa. 

All  wearing  apparel  kept  for  actual  use  and  suitable  to  the  condition  of 
the  defendant,  with  the  trunks  or  other  receptacles  in  which  it  is  con¬ 
tained,  even  though  the  debtor  is  a  non-resident ;  one  musket  or  rifle  ;  the 
tools,  instruments,  and  books  used  in  the  practice  of  a  debtor's  business 
or  profession  ;  the  horse,  harness,  and  wagon  used  by  a  physician,  cler¬ 
gyman,  or  public  officer,  or  by  the  use  of  which  a  farmer  or  laborer  gains 
a  subsistence  ;  all  libraries,  family  Bibles,  portraits,  and  paintings  ;  a  pew 
occupied  by  the  debtor  or  his  family  in  any  house  of  public  worship  ; 
and  an  interest  in  a  public  or  private  burying-ground  not  to  exceed  one 
acre  for  any  one  defendant. 

If  the  debtor  be  the  head  of  a  family,  there  is  a  further  exemption  of 
one  cow  and  calf,  one  horse,  unless  exempted  as  above,  fifty  sheep  and 
the  wool  therefrom  ;  five  hogs  and  all  pigs  less  than  six  months  old ; 
the  food  necessaiy  for  the  subsistence  of  the  animals  for  sixty  days ; 
flax  raised  by  the  defendant  and  the  manufactures  therefrom  ;  all  cloth 
manufactured  by  the  defendant  not  exceeding  one  hundred  yards  ;  house¬ 
hold  and  kitchen  furniture  to  the  value  of  $100  ;  all  spinning-wheels  and 
looms  and  other  instruments  of  domestic  labor  kept  for  actual  use ;  a 
bedstead  and  bedding  for  every  two  in  the  family,  and  the  necessary  pro¬ 
visions  and  fuel  for  the  use  of  the  family  for  six  months  ;  tools,  instru¬ 
ments,  or  books,  and  team  if  used  in  getting  a  living ;  printing  press 
and  plant  to  the  value  of  $1,200. 

If  debtor  has  started  to  leave  the  State,  only  $75  is  exempt.  No  ex¬ 
emption  from  debt  for  purchase-money. 

The  earnings  of  the  debtor,  by  his  own  personal  services  or  those  of  his 
family,  at  any  time  within  ninety  days  next  preceding  the  levy,  are  also 
exempt. 

llomestead. — The  homestead  of  every  family  is  exempt,  except  for  a 
mechanic’s  lien,  or  for  debt  contracted  prior  to  the  purchase  of  the  home¬ 
stead,  or  for  debt  created  by  written  contract,  signed  by  parties  having 
full  power  to  convey  the  homestead,  in  which  it  is  expressly  stipulated 
that  the  homestead  shall  be  liable  for  such  debt.  In  no  case,  excepting  a 
mechanic’s  lien,  can  a  homestead  be  sold  until  all  other  property  of  the 
defendant  is  exhausted.  A  widow  or  widower,  though  without  children, 
shall  be  deemed  the  head  of  the  family  while  continuing  to  dwell  in  the 
house  used  as  a  homestead  previous  to  the  death  of  the  husband  or  wife. 
If  the  owner  is  married,  a  conveyance  of  the  homestead  is  invalid  unless 
husband  and  wife  join  in  the  deed.  If  within  a  town,  the  homestead 
must  not  exceed  half  an  acre  in  extent ;  if  in  the  country,  it  is  limited  to 
forty  acres. 

Kansas. 

A  homestead  to  the  extent  of  one  hundred  and  sixty  acres  of  farming 
land,  and  one  acre  within  the  limits  of  an  incorporated  town  or  city,  oc¬ 
cupied  as  a  residence  by  the  family  of  the  owner,  together  with  all  the 
improvements  on  the  same,  shall  be  exempt  from  forced  sale  under  any 
process  of  law,  and  shall  not  be  alienated  except  by  joint  consent  of  lius 


HOW  TO  BE  YOUR  OWN  LAWYER. 


127 


band  and  wife  when  that  relation  exists.  No  value  is  affixed  to  the 
homestead.  It  may  be  worth  a  million  dollars.  No  personal  property  is 
exempt  for  the  wages  of  a  servant,  mechanic,  laborer,  or  clerk.  Every 
person  residing  in  this  State,  and  being  the  head  of  a  family,  shall  have 
exempt  from  seizure  upon  attachment  or  execution  or  other  process  issued 
from  any  court  in  this  State  :  family  Bible,  school-books,  and  family 
library  ;  family  pictures  and  musical  instruments  used  by  the  family  ;  a 
seat  or  pew  in  any  church  or  place  of  public  worship,  and  a  lot  in  any 
burial-ground ;  all  wearing  apparel  of  the  family,  all  beds,  bedsteads, 
and  bedding  used  by  the  debtor  and  his  family,  one  cooking-stove  and 
appendages,  and  all  other  cooking  utensils,  and  all  other  stoves  and  ap¬ 
pendages  necessary  for  the  use  of  the  debtor  and  his  family,  one  sewing- 
machine,  spinning-wheel,  and  all  other  implements  of  industry,  and  all 
other  household  furniture  not  herein  enumerated,  not  exceeding  $500  ; 
two  cows,  ten  hogs,  one  yoke  of  oxen,  and  one  horse  or  mule,  or  in  lieu 
of  one  yoke  of  oxen  and  one  horse  or  mule,  a  span  of  horses  or  mules, 
and  twenty  sheep  and  their  wool  ;  necessary  food  for  the  support  of  the 
stock  for  one  year,  one  wagon,  two  plows,  drag,  and  other  farming 
utensils,  not  exceeding  $300  ;  grain,  meat,  vegetables,  groceries,  etc.,  for 
the  family  for  one  year,  the  tools  and  implements  of  any  mechanic, 
miner,  or  other  person,  kept  for  the  purpose  of  carrying  on  his  business, 
and  in  addition  thereto  stock  in  trade  not  exceeding  $400  in  value,  library, 
implements,  and  office  furniture  of  any  professional  man. 

K  entucky. 

On  all  debts  or  liabilities  created  after  the  first  day  of  June,  1866,  so 
much  land,  including  the  dwelling-house  and  appurtenances,  as  shall  not 
exceed  in  value  $1,000  ;  one  work  beast  or  yoke  of  oxen,  two  cows  and 
calves,  five  sheep,  wearing  apparel,  and  the  usual  household  and  kitchen 
furniture  of  about  the  value  of  $100.  Also  one  sewing-machine  ; 
libraries  of  preachers,  professional  libraries  of  lawyers,  physicians,  and 
surgeons,  and  their  instruments,  to  the  value  of  $500  ;  the  wages,  not  to 
exceed  $50,  of  all  persons  who  work  for  wages,  mechanics’  tools  to  value 
•of  $100. 

Louisiana. 

Wearing  apparel,  necessary  household  furniture,  accoutrements,  tools, 
and  instruments  of  calling,  trade,  or  profession,  arms,  etc.,  portraits  and 
musical  instruments  are  exempt. 

Homestead. — One  work-team,  two  cows  and  calves,  twenty-five  hogs, 
one  thousand  pounds  of  bacon  and  corn  and  fodder  for  the  current  year, 
in  alf  not  over  $2,000,  but  no  exemption  if  wife  is  in  the  enjoyment  of 
$2,000,  or  more. 

Maine. 

The  wearing  apparel  of  the  debtor  and  his  family  ;  one  bedstead,  bed, 
and  necessary  bedding  for  every  two  persons  in  the  family,  and  other 
household  furniture  to  the  value  of  fifty  dollars  ;  the  tools  necessary  for 
the  debtor’s  trade  or  occupation ;  all  the  Bibles  and  school-bocks  in 


128 


HOW  TO  BE  YOUR  OWN  LAWYER. 


actual  use  in  the  family,  and  one  copy  of  the  State  statutes  ;  stoves  used 
exclusively  for  warming  buildings  ;  one  cow  and  one  heifer,  till  she  be¬ 
comes  three  years  old ;  two  swine,  one  of  which  shall  not  weigh  more 
than  one  hundred  pounds ;  (and  when  the  debtor  owns  a  cow  and  a 
heifer  more  than  three  years  old,  or  two  swine,  each  weighing  more  than 
one  hundred  pounds,  he  may  elect  the  cow  or  the  heifer,  or  either  of  the 
swine,  to  be  exempted ;)  ten  sheep  and  the  wool  from  them  ;  thirty 
hundred  weight  of  hay  for  the  cow,  and  two  tons  for  the  sheep,  and  a 
sufficient  quantity  for  the  heifer,  proportioned  to  its  age  ;  the  produce  of 
farms  while  standing  and  growing  and  until  harvested,  and  sufficient 
corn  and  grain  for  the  sustenance  of  the  debtor  and  his  family,  not  ex¬ 
ceeding  thirty  bushels  ;  one  pew  in  any  meeting-house  where  he  and  his 
family  statedly  worship  ;  all  potatoes  raised  or  purchased  for  the  con¬ 
sumption  of  himself  and  family  ;  firewood,  not  exceeding  twelve  cords, 
conveyed  to  his  house  for  his  use ;  one  boat,  not  exceeding  two  tons 
burden,  being  owned  wholly  by  an  inhabitant  of  the  State,  and  usually 
employed  in  the  fishing  business  ;  one  cart,  of  the  value  of  twenty-five 
dollars  ;  one  harrow,  five  dollars  ;  one  plow,  ten  dollars  ;  one  cooking- 
stove,  thirty-five  dollars  ;  anthracite  coal,  five  tons ;  bituminous  coal, 
fifty  bushels ;  and  all  charcoal  on  hand  ;  one  pair  of  bulls,  steers,  or 
oxen,  together  with  hay  enough  to  keep  them  through  the  winter ;  one 
ox-yoke,  with  bows,  ring,  and  staple,  to  the  value  of  three  dollars  ;  two 
chairs,  three  dollars  each  ;  one  ox  shed,  ten  dollars  ;  one  or  two  horses, 
instead  of  oxen,  to  the  value  of  one  hundred  dollars  ;  one  barrel  of  flour 
and  ten  dollars’  worth  of  lumber,  wood  or  bark  ;  also,  a  lot  of  land,  not 
exceeding  half  an  acre,  used  solely  as  a  burying-ground,  are  exempt. 
One  sewing-machine,  worth  not  over  one  hundred  dollars,  kept  for  actual 
use  by  debtor  or  his  family.  All  flax  raised  on  one-half  acre  of  ground 
for  use  of  producer  and  family,  and  all  articles  manufactured  therefrom. 

Homestead . — The  head  of  any  family,  or  any  householder  wishing  to 
exempt  his  homestead,  consisting  of  a  lot  of  land  with  dwelling-house 
and  outbuildings  thereon,  may  file  a  certificate  signed  by  himself,  which 
shall  declare  his  wish  and  describe  his  homestead,  with  the  Register  of 
Deeds  for  the  county  wherein  his  homestead  lies ;  and  so  much  of  the 
property  as  does  not  exceed  five  hundred  dollars  in  value  shall  be  forever 
exempt  from  liability  for  any  debt  contracted  after  the  recording  of  the  * 
certificate.  The  widow  and  minor  children  of  any  person  deceased  who 
held  property  thus  exempt,  may  continue  to  hold  the  premises  exempt 
during  the  minority  of  the  children,  or  while  the  widow  remains  single, 

Maryland. 

Wearing  apparel,  books,  and  mechanics’  tools,  not  kept  for  sale,  and 
$100  of  other  property  arc  exempt. 

Massachusetts. 

All  the  necessary  wearing  apparel  of  the  debtor  and  his  family ;  one 
bedstead,  bed,  and  the  necessary  bedding  for  every  two  persons  in  the 
family  ;  one  iron  stove  in  use  in  the  dwelling-house,  and  fuel  to  the  value 


HUW  TO  BE  YOUR  OWN  LAWYER. 


129 


of  twenty  dollars,  designed  for  the  use  of  the  family ;  other  necessary 
household  furniture,  to  the  value  of  one  hundred  dollars  ;  the  Bibles  and 
school-books  used  in  the  family ;  one  cow,  six  sheep,  not  exceeding 
thirty  dollars  in  value  ;  one  swine,  and  two  tons  of  hay ;  the  tools  and 
implements  of  the  debtor  necessary  for  carrying  on  his  trade  or  busi¬ 
ness,  and  not  exceeding  one  hundred  dollars  in  value  ;  the  materials  and 
stock  in  trade  for  carrying  on  his  business,  not  beyond  one  hundred 
dollars  ;  the  uniform,  arms,  and  accoutrements  required  by  law,  belong¬ 
ing  to  a  member  of  the  militia  ;  ammunition  and  provisions  intended  for 
the  use  of  the  family,  not  exceeding  fifty  dollars  in  value,  and  rights  of 
burial  and  tombs  while  in  use  as  repositories  for  the  dead  are  exempt. 

The  lot  and  buildings  thereon  to  the  value  of  $800,  owned  and  occupied 
as  a  residence  by  the  debtor,  or  the  buildings  so  occupied  and  owned,  situa¬ 
ted  on  land  in  the  rightful  possession  of  the  debtor  and  his  family,  by  lease 
or  otherwise,  are  exempt.  Such  exemption  can  only  be  released  by  a  deed, 
acknowledged  and  recorded  as  in  the  case  of  conveyances  of  real  estate. 
The  exemption  continues,  after  the  death  of  the  debtor,  for  the  benefit  of 
the  widow  and  children,  if  some  of  them  continue  to  occupy  it,  until  the 
youngest  child  is  twenty-one  years  of  age,  and  until  the  marriage  or  death 
of  the  widow.  To  entitle  property  to  such  exemption,  the  owner  must 
have  set  forth  his  intention  to  hold  the  same  as  a  homestead  in  his  deed 
of  purchase,  or  must  declare  his  intention  in  writing,  and  have  it  recorded 
in  the  registry  of  deeds  in  the  county  wherein  the  land  lies.  Such  prop¬ 
erty,  however,  is  not  exempt  from  levy  for  taxes,  or  for  a  debt  contracted 
for  the  purchase,  or  for  the  ground  rent  of  the  lot  whereon  the  buildings 
are  situated,  or  for  any  debt  contracted  previously  to  the  recording  of  the 
intention  to  hold  the  property  as  a  homestead.  No  conveyance  of  exemp¬ 
tion  property  by  a  married  man  is  valid  unless  the  wife  joins  in  the  con¬ 
veyance. 

Michigan. 

All  spinning-wheels  and  weaving-looms,  with  the  apparatus ;  stoves 
kept  for  use ;  the  pew  occupied  by  the  debtor  and  his  family ;  all 
rights  of  burial ;  the  arms  and  accoutrements  required  by  law ;  the 
wearing  apparel  of  the  family ;  the  library  and  school-books,  to  the 
value  of  one  hundred  and  fifty  dollars ;  all  family  pictures ;  ten  sheep, 
with  their  fleeces,  and  the  yarn  or  cloth  manufactured  therefrom  ;  two 
cows,  five  swine,  and  provisions  and  fuel  for  the  subsistence  of  the  debtor 
and  his  family  for  six  months  ;  household  goods,  furniture,  and  utensils, 
to  the  value  of  two  hundred  and  fifty  dollars  ;  hay,  grain,  etc.,  enough 
to  keep  properly  for  six  months  the  forementioned  stock ;  and  the  tools, 
implements,  materials,  stock,  apparatus,  team,  harness,  or  other  things 
to  enable  any  person  to  carry  on  his  profession  or  trade  are  exempt.  The 
]  property,  however,  with  the  exception  of  mechanical  tools  and  implements 
of  husbandry,  is  not  exempt  from  execution  on  demand  for  the  purchase- 
money.  By  the  constitution,  such  personal  property  as  is  designated  by 
law  shall  be  exempted,  to  the  amount  of  not  less  than  five  hundred  dol¬ 
lars,  from  execution  for  anv  debts  contracted  after  January  1,  1851. 
Any  chattel  mortgage,  bill  of  sale,  or  lien,  on  exempt  property,  is  void, 
unless  signed  by  the  wife. 

6* 


130 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Homestead.— Any  quantity  of  land  not  exceeding  forty  acres,  if  not  in¬ 
cluded  in  any  recorded  town-plot,  city,  or  village,  or  one  lot,  if  withio 
any  such,  with  the  house  and  its  appurtenances  thereon,  owned  and  oc¬ 
cupied  by  a  resident  of  the  State,  and  the  whole  not  exceeding  fifteen 
hundred  dollars  in  value,  is  exempt.  This  exemption,  however,  does  not 
extend  to  any  mortgage  on  the  homestead  lawfully  obtained;  but  no 
mortgage  or  other  alienation  of  the  homestead  by  the  owner,  if  a  married 
man,  is  valid,  without  the  signature  of  his  wife,  except  the  mortgage  is 
given  to  secure  the  payment  of  purchase-money.  Such  a  homestead  is 
exempt  after  the  death  of  the  owner  during  the  minority  of  his  children  ; 
and  if  he  has  no  children,  but  leaves  a  widow,  it  shall  be  exempt,  and 
the  rents  and  profits  thereon  shall  accrue  to  her  during  her  widowhood, 
unless  she  is  the  owner  of  a  homestead  in  her  own  right.  But  the  chil¬ 
dren  or  widow  must  occupy  the  homestead,  to  have  the  benefit. 

Minnesota. 

The  family  Bible,  family  pictures,  school-books,  or  library,  and  mu¬ 
sical  instruments  for  use  of  family  ;  a  seat  or  pew  in  any  house  or  place 
of  public  worship  ;  a  lot  in  any  burial-ground ;  all  wearing  apparel  of 
the  debtor  and  his  family  ;  all  beds,  bedsteads,  and  bedding  kept  and 
used  by  the  debtor  and  his  family  ;  all  stoves  and  appendages  ;  all  cook¬ 
ing  utensils,  and  all  other  household  furniture  not  herein  enumerated, 
not  exceeding  five  hundred  dollars ;  three  cows,  ten  swine,  one  yoke  of 
oxen,  and  one  horse  ;  in  lieu  of  one  yoke  of  oxen  and  a  horse,  a  span  of 
horses  or  mules  ;  twenty  sheep  and  the  wool  from  the  same,  either  in  the 
raw  material  or  manufactured  into  yarn  or  cloth  ;  the  necessary  food  for 
all  the  stock  mentioned  in  this  section,  for  one  year’s  support,  either  pro¬ 
vided  or  growing,  or  both,  as  the  debtor  may  choose ;  also  one  wagon, 
cart,  or  dray,  one  sleigh,  two  plows,  one  drag,  and  other  farming  uten¬ 
sils,  including  tackle  for  teams,  not  exceeding  three  hundred  dollars  in 
value ;  the  provision  for  the  debtor  and  his  family  necessary  for  one 
year’s  support,  either  provided  or  growing,  or  both,  and  fuel  necessary 
for  one  year ;  the  tools  and  instruments  of  any  mechanic,  miner,  or  other 
person,  used  and  kept  for  the  purpose  of  carrying  on  his  trade  or  busi¬ 
ness,  and  in  addition  thereto,  stock  in  trade  not  exceeding  four  hundred 
dollars  in  value  :  the  library  of  any  professional  man  ;  all  of  which  arti¬ 
cles  hereinbefore  intended  to  be  exempt,  shall  be  chosen  by  the  debtor, 
his  agent,  clerk,  or  legal  representative,  as  the  case  may  be,  are  exempt. 

Nothing  in  this  act  shall  be  so  construed  as  to  exempt  any  property  in 
this  State  from  execution  or  attachment  for  clerks’,  laborers’,  or  mechan¬ 
ics’  wages. 

Any  quantity  of  land,  not  exceeding  eighty  acres,  and  the  dwelling- 
house  thereon  and  its  appurtenances,  to  be  selected  by  the  owner  thereof, 
and  not  included  in  any  incorporated  town,  city,  or  village,  or  instead 
thereof,  at  the  option  of  the  owner,  a  quantity  of  land  not  exceeding  in 
amount  one  lot,  being  within  an  incorporated  town,  city,  or  village,  and 
the  d  vvelling-house  thereon  and  its  appurtenances,  owned  and  occupied 
by  any  resident  of  this  State,  shall  not  be  subject  to  attachment,  levy,  or 
sale  upon  execution  or  aity  other  process,  issuing  out  of  any  court  withiu 


HOW  TO  BE  YOUR  OWN  LAWYER. 


131 


this  State.  This  section  shall  be  deemed  and  construed  to  exempt  such 
homestead  in  the  manner  aforesaid,  during  the  time  it  shall  be  occupied 
by  the  widow  entitled.  Mortgage  must  be  signed  by  the  wife  unless  for 
purchase-money. 

Mississippi. 

Two  horses  or  mules,  or  one  yoke  of  oxen  ;  two  cows  and  calves,  five 
head  of  stock,  hogs,  five  sheep  ;  150  bushes  of  corn  ;  300  bundles  of  fod¬ 
der  ;  ten  bushels  of  wheat  or  rice ;  200  pounds  of  meat ;  one  cart  or 
wagon,  not  worth  over  $100 ;  sewing-machine,  household  furniture,  not 
over  $100  ;  crops  while  growing,  are  exempt.  For  persons  living,  $250 
worth  of  personal  property  in  lieu  of  the  above.  Tools  of  a  mechanic, 
implements  of  a  farmer  or  laborer,  books  of  a  student,  wearing  apparel ; 
libraries  of  attorneys,  physicians,  and  ministers  ;  instruments  of  surgeons 
and  dentists  ;  arms  and  accoutrements  of  militiamen  ;  apparatus  of  teach¬ 
ers,  are  also  exempt.  The  amount  of  $10,000  life  insurance  from  the 
debts  of  the  deceased. 

Homestead  $2,000  in  value  or  160  acres. 


Missouri. 

Wearing  apparel  and  tools  of  non-householder  and  of  head  of  a  fam¬ 
ily  ;  ten  hogs,  ten  sheep,  and  their  product ;  two  cows  and  calves  ;  four 
plows,  one  axe,  one  hoe,  and  one  set  of  plow  gears  and  farm  imple¬ 
ments  for  one  man  ;  working  animals,  $150  ;  spinning-wheel  and  cards, 
one  loom  and  apparatus,  spun  yarn,  etc.;  hemp,  flax,  or  wool,  twenty- 
five  pounds  of  each  ;  wearing  apparel  of  family  ;  household  furniture, 
$100  ;  Bibles  and  books,  gravestones,  pew,  tools,  are  exempt.  Lawyers, 
physicians,  and  ministers  may  select  books  instead  of  other  property. 

Homestead  to  the  value  of* $3,000  and  eighteen  square  rods  of  ground 
in  cities  of  over  40,000  inhabitants ;  $1,500  and  thirty  square  rods  of 
ground  in  cities  having  a  population  of  between  10,000  and  40,000 ;  in 
other  cities  $1,500  and  five  acres,  and  in  country  $1,500  and  160  acres. 
Homestead  is  subject  to  incumbrance  and  conveyance,  except  upon  aban¬ 
donment,  when  wife  may  file  a  claim  and  make  her  consent  necessary. 

Nebraska. 

Five  hundred  dollars  in  personal  property  if  the  debtor  has  no  lands. 
Clothing  supplies  six  months ;  supplies  for  animals  three  months ;  fur¬ 
niture,  etc.,  tools,  etc.,  except  for  wages  or  money  held  by  attorney  re¬ 
ceived  for  persons  suing,  are  exempt. 

Hornet  tead  $2,000  and  160  acres  or  two  city  lots  are  also  exempt. 

Nevada. 

Chairs,  tables,  desks,  and  books  to  the  value  of  $100  are  exempt.  Neces¬ 
sary  household  furniture,  wearing  apparel,  beds,  bedding,  provisions,  and 
firewood  sufficient  for  one  month.  Farming  utensils  ;  also  two  oxen  or 


132 


HOW  TO  BE  YOUR  OWN  LAWYER. 


two  horses,  or  two  mules  and  their  harness  ;  two  cows,  and  one  cart  ol 
wagon  ;  and  food  for  such  oxen,  horses,  cows,  or  mules,  for  one  month ; 
also  all  seed,  grain,  or  vegetables  actually  provided,  reserved,  or  on  hand 
for  the  purpose  of  planting  or  sowing,  at  any  time  within  the  ensuing 
six  months,  not  exceeding  in  value  $400.  The  tools  and  implements  of 
a  mechanic  or  artisan  necessary  to  carry  on  his  trade  ;  the  instruments 
and  chests  of  a  surgeon,  physician,  surveyor,  and  dentist,  necessary  to 
the  exercise  of  their  profession,  with  their  scientific  and  professional 
libraries,  and  the  libraries  of  an  attorney  or  counsellor,  and  the  libraries 
of  ministers  of  the  gospel.  The  cabin  or  dwelling  of  a  miner,  not  ex¬ 
ceeding  in  value  $500  ;  also  all  tools  and  implements  necessary  for  car¬ 
rying  on  any  mining  operation,  not  exceeding  in  value  $500 ;  and  two 
horses,  mules,  or  oxen,  with  their  harness,  and  food  for  the  same  for 
one  month,  when  necessary  to  be  used  in  such  mining  operations.  Two 
oxen,  two  horses,  or  two  mules,  and  their  harness,  and  one  cart  or 
wagon,  by  the  use  of  which  a  cartman,  huckster,  peddler,  teamster,  or 
other  laborer,  habitually  earns  his  living ;  and  one  horse,  with  vehicle 
and  harness,  or  other  equipments,  used  by  a  physician  or  surgeon  or 
minister  of  the  gospel  in  making  his  professional  visits,  and  food  for 
such  oxen,  mules,  or  horses,  for  one  month.  One  sewing-machine,  not 
exceeding  in  value  $150,  in  actual  use  by  the  debtor  or  his  family.  All 
arms,  uniforms,  and  accoutrements  required  by  law  to  be  kept  by  any 
person. 

The  homestead,  consisting  of  a  quantity  of  land,  together  with  the 
dwelling-house  thereon  and  its  appurtenances,  not  exceeding  in  value  the 
sum  of  five  thousand  dollars,  to  be  selected  by  the  owner  thereof,  shall 
not  be  subject  to  forced  sale  on  execution,  or  on  any  final  process  from  a 
court,  for  any  debt  or  liability  contracted  or  incurred  at  any  time,  in  any 
other  place  than  in  this  Territory,  or  for  any  debt  or  liability  contracted 
in  this  Territory,  after  thirty  days  from  the  passage  of  this  act,  Novem¬ 
ber  13,  1861 ;  provided  the  possessor  thereof  did  not  acquire  the  means 
of  procuring  such  homestead  through  fraud  or  false  representations. 

Such  exemption  shall  not  extend  to  any  mechanic’s,  laborer’s,  or  vend¬ 
er’s  lien,  or  to  any  mortgage  lawfully  obtained  ;  but  no  mortgage,  sale, 
or  alienation  of  any  kind  whatever,  of  such  land  by  the  owner  thereof, 
if  a  married  man,  shall  be  valid  without  the  signature  of  the  wife  to  the 
same,  acknowledged  by  her  separately  and  apart  from  her  husband  ; 
provided,  that  the  wife  be  a  resident  of  this  Territory,  and  that  such  sig¬ 
nature  and  acknowledgment  shall  not  be  necessary  to  the  validity  of 
any  mortgage  upon  the  land,  executed  before  it  became  the  homestead 
of  the  debtor,  or  executed  to  secure  the  payment  of  the  purchase-money. 

The  homestead  and  other  property  exempt  from  forced  sale,  upon  the 
death  of  the  head  of  the  family,  shall  be  set  apart  by  the  probate  court 
for  the  benefit  of  the  surviving  wife  and  his  own  legitimate  children , 
provided,  that  the  exemption,  as  provided  in  this  section,  shall  not  ex¬ 
tend  to  unmarried  persons,  except  when  they  have  charge  of  minor 
brothers  or  sisters,  or  both,  or  brothers’  or  sisters’  minor  children,  or  a 
mother,  or  unmarried  sisters  living  in  the  house  with  them. 

Nothing  in  this  act  shall  be  so  construed  as  exempting  any  real  or  per¬ 
sonal  property  from  sale  for  taxes. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


133 


New  Hampshire. 

All  the  necessary  wearing  apparel  of  the  debtor  and  his  family ;  bed¬ 
steads,  beds  and  bedding  for  the  family;  household  furniture  to  the 
value  of  $100  ;  all  the  Bibles  and  school-books  in  use  in  the  family  ;  one 
cow,  four  tons  of  hay  ;  one  hog  and  one  pig,  and  the  pork  of  the  same 
when  slaughtered  ;  tools  of  the  debtor’s  occupation,  to  the  value  of  $100  ; 
six  sheep  and  their  fleeces ;  one  cooking-stove  and  its  appendages  ;  pro¬ 
visions  and  fuel  to  the  value  of  $50  ;  the  debtor’s  interest  in  one  pew  in 
any  meeting-house,  and  in  one  lot  in  any  cemetery,  are  all  exempt.  Also 
the  uniform,  arms,  or  equipments  of  every  officer  and  private  in  the  mili¬ 
tia,  a  library  to  the  value  of  $200,  and  one  sewing-machine. 

The  homestead  of  a  householder  is  exempt  from  execution  on  any 
cause  of  action  which  has  accrued  since  January  1,  1852.  It  must  not 
exceed  in  value  five  hundred  dollars,  and  is  not  subject  to  devise  so  long 
as  the  widow  or  minor  children  shall  occupy  the  same  ;  and  no  release 
or  waiver  of  this  exemption  is  valid  unless  made  by  deed  executed  by 
the  husband  and  wife  ;  or,  if  the  wife  be  dead,  and  there  be  minor  chil¬ 
dren,  then  by  deed  executed  by  the  husband  with  the  consent  of  the 
judge  of  probate  in  the  county  in  which  the  land  is  situate,  endorsed 
on  the  deed.  The  exemption  extends  to  any  interest,  not  exceeding  five 
hundred  dollars  in  value,  which  the  debtor  may  have  in  a  building  occu¬ 
pied  by  him  as  a  homestead,  though  standing  on  land  owned  by  another. 

The  sheriff,  holding  an  execution  about  to  be  levied  on  lands  and  tene¬ 
ments,  is  required,  on  application  of  the  debtor  or  his  wife,  to  cause  a 
homestead,  not  exceeding  five  hundred  dollars  in  value,  to  be  set  off 
from  the  lands  and  tenements  of  the  debtor,  in  the  following  manner  : 
Three  sworn  appraisers,  disinterested  and  discreet  persons,  residents  in 
the  county,  are  chosen  ;  one  by  the  officer,  one  by  the  creditor,  and  one 
by  the  debtor,  who  proceed  to  set  off  a  homestead  by  metes  and  bounds, 
and  their  set-off  and  assignment  is  returned  by  the  officer  for  record  in 
court.  The  court  out  of  which  the  writ  of  execution  or  attachment  is 
sued,  may,  upon  good  cause  shown,  order  a  reappraisement  and  reassign¬ 
ment  by  the  same  or  other  appraisers,  under  instructions  from  the  court, 
and  the  reappraisement  is  returned  and  recorded  in  the  same  manner  as 
the  first.  When  the  homestead  of  any  head  of  a  family,  in  the  opinion 
of  the  appraisers,  can  not  be  divided  without  injury  and  inconvenience, 
they  shall  make  an  appraisement  of  the  whole  property.  The  appraise¬ 
ment  is  delivered  by  the  officer  to  the  execution  debtor,  or  to  some  mem¬ 
ber  of  his  family  old  enough  to  understand  it,  with  a  notice  attached, 
that  unless  the  execution  debtor  shall  within  sixty  days  pay  to  the  officer 
the  surplus  value  over  five  hundred  dollars,  the  premises  will  be  sold. 
If  the  surplus  is  not  paid,  the  officer,  observing  all  the  forms  required, 
makes  a  sale  of  the  premises,  and  out  of  the  proceeds  pays  to  the  execu¬ 
tion  debtor,  if  his  wife  gives  her  written  consent  to  such  payment,  the 
sum  of  five  hundred  dollars.  If  the  wife  does  not  consent  to  such  pay¬ 
ment,  the  officer  must  deposit  the  amount  in  some  savings  institution,  to 
the  joint  credit  of  husband  and  wife,  and  to  be  withdrawn  only  by  their 
joint  order,  or  by  the  order  of  the  survivor  in  case  of  the  death  of  either. 


134 


HOW  TO  BE  YOUR  OWN  LAWYER. 


The  amount  is  exempt  for  one  year  from  the  date  of  payment  or  deposit. 
The  balance  of  proceeds  of  sale  is  applied  on  the  execution.  No  sal« 
can,  however,  be  made  unless  more  than  five  hundred  dollars  is  bid  ;  if 
less,  the  execution  may  be  returned  unsatisfied. 


New  Jersey. 

Goods  and  chattels  to  the  value  of  two  hundred  dollars,  and  all  wear¬ 
ing  apparel  for  the  use  of  the  debtor  and  his  family,  and  a  homestead 
valued  at  $1,000,  are  exempt. 


New  Mexico. 

If  debtor  is  head  of  a  family,  the  clothing,  beds,  bed-clothing,  firewood 
for  thirty  days,  Bibles,  hymn-books,  school-books,  used  by  family;  family 
pictures  and  provisions  not  exceeding  twenty-five  dollars  in  value,  and 
furniture  not  exceeding  ten  dollars  in  value,  are  exempt.  Tools  and  im¬ 
plements  necessary  for  debtor  to  carry  on  his  trade  not  exceeding  twenty- 
five  dollars  in  value.  Homestead  $1,000. 

New  York. 

Necessary  household  furniture,  working  tools  and  teams,  professional 
implements,  furniture,  and  library  not  over  $250  in  value,  and  ninety 
days’  food  for  team.  Sixty  days’  earnings  can  not  be  taken  on  supple¬ 
mentary  proceedings,  if  necessary  for  family. 

The  lot,  and  buildings  thereon,  to  the  value  of  one  thousand  dollars, 
occupied  as  a  residence,  and  owned  by  the  debtor,  is  exempt  from  exe 
cution.  The  exemption  continues  after  the  death  of  the  householder, 
for  the  benefit  of  the  widow  and  family,  until  the  youngest  child  be¬ 
comes  of  age,  and  until  the  death  of  the  widow,  provided  one  or  more 
of  the  family  occupy  the  premises.  No  release  of  the  exemption  is  valid 
unless  made  in  writing  subscribed  by  the  householder,  and  acknowl¬ 
edged  in  the  same  manner  as  a  conveyance  of  real  estate.  To  entitle 
property  to  exemption,  the  conveyance  must  show  the  design  of  the 
householder  to  hold  it  as  a  homestead,  or  a  notice  of  his  intention,  con¬ 
taining  a  full  description  of  the  property,  must  be  executed  and  ac¬ 
knowledged  by  the  owner,  and  recorded  in  the  office  of  the  clerk  of  the 
county  wherein  the  homestead  is  situated,  in  a  book  provided  for  that 
purpose,  and  known  as  the  “  Homestead  Exemption  Book.”  No  prop¬ 
erty  is  exempt  from  sale  for  non-payment  of  taxes  or  assessments,  or 
for  a  debt  contracted  for  the  purchase-money  of  the  premises,  or  con¬ 
tracted  prior  to  the  recording  of  the  deed  or  notice  as  above  required. 

If  the  sheriff  holding  the  execution  thinks  that  the  premises  claimed 
as  exempt  are  worth  more  than  one  thousand  dollars,  he  shall  summon 
six  qualified  jurors  of  his  county,  who  shall,  upon  oath,  to  be  admin- 
istered  to  them  by  the  sheriff,  appraise  the  premises ;  and  if,  in  their 
opinion,  the  premises  may  be  divided  without  injury  to  the  interests  of 
the  parties,  they  shall  set  off  as  much  of  the  premises,  including  the 
dwelling-house,  as  they  value  at  one  thousand  dollars,  and  the  residue 


HOW  TO  BE  YOUR  OWN  LAWYER. 


135 


may  be  sc  Id  by  the  sheriff.  In  case  the  premises  exceed  one  thousand 
dollars  in  value  but  can  not  be  divided,  they  shall  deliver  an  appraisal 
of  the  value  of  the  property  to  the  sheriff,  who  delivers  a  copy  to  the 
execution  debtor,  or  to  some  of  his  family  of  suitable  age  to  understand 
it,  with  a  notice  attached,  that  unless  the  execution  debtor  pays  to  the 
sheriff,  within  sixty  days,  the  surplus  over  and  above  one  thousand  dol¬ 
lars,  the  premises  will  be  sold.  In  case  the  surplus  is  not  paid  within 
sixty  days,  the  sheriff  may  sell  the  property,  pay  to  the  execution  debtor 
one  thousand  dollars  of  the  proceeds,  which  shall  be  exempt  from  exe¬ 
cution  for  one  year  thereafter,  and  apply  the  balance  to  the  execution. 
Unless  upward  of  one  thousand  dollars  is  bid,  no  sale  shall  be  made,  and 
in  such  case  the  sheriff  may  return  the  execution  unsatisfied.  The  ex¬ 
penses  of  thus  selling  a  homestead  are  to  be  included  in  the  costs  upon 
the  execution. 


North  Carolina. 

Personal  property,  to  the  value  of  five  hundred  dollars,  to  be  selected 
by  any  resident  of  the  State,  is  exempt. 

Every  homestead,  and  dwellings  and  buildings  used  therewith,  not  ex¬ 
ceeding  in  value  $1,000,  to  be  selected  by  the  owner  thereof  ;  or  in  lieu 
thereof,  at  the  option  of  the  owner,  any  lot  in  any  city,  town,  or  village, 
with  the  dwellings  used  thereon,  owned  and  occupied  by  any  resident  of 
the  State,  and  not  exceeding  the  value  of  $1,000. 

Ohio. 

Every  unmarried  woman  may  hold — wearing  apparel  to  the  value  of 
$100 ;  sewing-machine,  knitting-machine,  Bible,  and  books  $25.  The 
head  of  a  family  may  hold  the  wearing  apparel  of  such  family,  beds, 
bedsteads,  bedding  necessary  for  the  use  of  the  family  ;  two  stoves  and 
pipe,  fuel  sufficient  for  sixty  days,  tools  necessary  for  carrying  on  his  or 
her  trade  or  business,  not  exceeding  $100  in  value ;  certain  domestic 
animals  and  their  food  for  sixty  days,  or  furniture  $65  ;  books  and  pictures, 
provisions  $50 ;  sewing-machines,  knitting-machines,  tools  $100 ;  the 
personal  earnings  of  the  debtor  and  his  or  her  minor  child  or  children 
for  three  months  when  necessary  to  the  support  of  debtor.  In  case  the 
debtor  is  not  the  owner  of  a  homestead,  he  is  entitled  to  hold  exempt 
from  levy  and  sale  personal  property  not  exceeding  $500  in  addition  to 
the  amount  of  chattel  property  aforesaid  and  specimens. 

The  family  homestead  is  exempt  from  execution,  provided  it  does  not 
exceed  $1,000  in  value. 

On  petition  of  executors  or  administrators  to  sell  the  lands  of  a  de¬ 
ceased  debtor  to  pay  his  debts,  if  the  deceased  has  left  a  widow  or  minor 
child  or  children  unmarried,  the  appraisers  shall  set  apart  a  homestead, 
and  the  homestead  shall  remain  exempt  so  long  as  any  unmarried  minor 
child  resides  thereon,  although  the  widow  may  have  previously  died, 
and  although  the  parent  from  whom  the  homestead  descended  may  have 
left  neither  wife  nor  husband  surviving.  Every  widow  or  widower  hav¬ 
ing  an  unmarried  child  or  children  residing  with  him  or  her,  and  mar 


136 


HOW  TO  BE  YOTJR  OWN  LAWYER. 


ried  persons  living  together  as  man  and  wife,  though  without  children, 
are  entitled  to  the  privileges  of  homestead  exemption,  as  also  are  persona 
owning  dwellings  occupied  by  themselves  as  homesteads,  though  built 
upon  land  owned  by  another. 

When,  in  the  opinion  of  the  appraisers,  it  would  injure  the  property 
of  the  debtor  to  separate  the  homestead,  the  plaintiff  in  execution  re¬ 
ceives  in  lieu  of  the  proceeds  of  the  sale  such  a  sum  annually,  above 
$100,  as  the  appraisers  shall  decide  upon  as  a  reasonable  rent ;  and  he 
continues  to  receive  this  rent  in  quarterly  payments  until  the  debt,  in¬ 
terest,  and  costs  are  paid.  The  payments  are  to  be  made  quarterly,  and 
if  within  ten  days  after  the  payment  becomes  due  the  defendant  does 
not  pay  the  same,  the  officer  proceeds  to  sell  the  homestead,  observing 
the  same  process  provided  in  other  cases  for  the  sale  of  real  property. 
But  the  homestead  can  not  be  sold  for  less  than  its  appraised  value. 
The  plaintiff,  when  in  receipt  of  rent,  may  cause  a  reappraisement  as 
often  as  once  in  two  years,  and  the  rent  shall  be  paid  according  to  the 
new  appraisement ;  if  between  any  two  appraisements  the  value  of  the 
homestead  has  not  increased  one  hundred  dollars,  the  costs  of  the  ap¬ 
praisements  must  be  paid  by  the  plaintiff. 


Oregon. 

Books,  pictures,  and  musical  instruments,  owned  by  any  person  to  the 
value  of  $75  ;  necessary  wearing  apparel  owned  by  any  person  to  the 
value  of  $100,  and  if  such  person  be  a  householder,  for  each  member  of 
his  family  to  the  value  of  $50  ;  the  tools,  implements,  apparatus,  team, 
vehicle,  harness  or  library,  necessary  to  enable  any  person  to  carry  on 
the  trade,  occupation,  or  profession  by  which  such  person  habitually 
earns  his  living,  to  the  value  of  $400  ;  also  sufficient  quantity  of  food  to 
support  such  team,  if  any,  for  sixty  days.  The  word  team,  in  this  sub¬ 
division,  shall  not  be  construed  to  include  more  than  one  yoke  of  oxen, 
or  a  pair  of  horses  or  mules,  as  the  case  may  be ;  to  each  householder, 
ten  sheep,  with  one  year’s  fleece,  or  the  yarn  or  cloth  manufactured 
therefrom ;  two  cows  and  five  swine ;  household  goods,  furniture  and 
utensils  to  the  value  of  $300 ;  also  food  sufficient  to  support  such  ani¬ 
mals,  if  any,  for  three  months,  and  provisions  actually  provided  for 
family  use,  and  necessary  for  the  support  of  such  householder  and  family 
for  six  months  ;  the  seat  or  pew  occupied  by  a  householder  or  his  family 
in  a  place  of  worship ;  but  no  article  of  property  mentioned  shall  be 
exempt  from  execution  issued  on  a  judgment  for  its  price,  or  upon  a 
mortgage  thereon. 

Pennsylvania. 

Property  to  the  value  of  $300,  over  and  above  all  wearing  apparel  of 
defendant  and  his  family,  and  all  Bibles  and  school-books  used  in  the 
family,  are  exempt.  The  debtor  must  elect  to  retain  either  real  or  per¬ 
sonal  estate  of  the  value  mentioned.  Bonds,  mortgages,  or  other  con¬ 
tracts  for  the  purchase-money  of  real  estate,  are  excepted  from  the 
operation  of  the  statute. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


137 


Rhode  Island. 

Wearing  apparel  and  working  tools,  to  the  value  of  $200  ;  household 
furniture  and  family  stores  to  the  value  of  $300  ;  Bibles,  school-books ; 
one  cow  and  one  and  a  half  tons  of  hay  ;  one  hog  and  one  pig,  and  the 
pork  of  same ;  arms,  etc. ,  of  a  militiaman  ;  pew,  burial  lot ;  mariner's 
wages  for  the  voyage  in  which  earned  ;  bills  of  exchange  and  promis¬ 
sory  notes,  and  ten  dollars  wages,  are  exempt. 


South  Carolina. 

The  family  homestead  of  the  head  of  each  family  residing  in  the 
State — such  homestead  consisting  of  the  dwelling-house,  outbuildings, 
and  land  appurtenant,  not  to  exceed  the  value  of  $1,000,  and  yearly 
product  thereof — should  be  exempt.  Personal  property  of  such  person 
of  the  following  character,  to  wit :  Household  furniture,  beds  and  bed¬ 
ding,  family  library,  arms,  carts,  wagons,  farming  implements,  tools, 
neat  cattle,  work  animals,  swine,  goats  and  sheep,  not  to  exceed  in 
value  in  the  aggregate  the  sum  of  $500,  should  be  subject  to  like  ex¬ 
emption  as  said  homestead,  and  that  there  should  be  exempt  in  addition 
thereto  all  necessary  wearing  apparel  except  for  purchase-money. 

Tennessee. 

Two  beds,  bedsteads,  and  necessary  clothing  for  each,  and  for  each 
three  children  additional  bed,  bedstead,  and  clothing,  such  bedstead 
not  exceeding  $25  in  value  ;  one  cow  and  calf,  and  if  family  consists  of 
six  persons,  two  cows  and  calves  ;  one  dozen  knives  and  forks,  one 
dozen  plates,  half  dozen  dishes,  one  set  tablespoons,  one  set  teaspoons, 
one  bread-tray,  two  pitchers,  one  waiter,  one  coffee-pot,  one  tea-pot,  one 
canister,  one  cream-jug,  one  dozen  cups  and  saucers,  one  dining-table 
and  two  table-cloths,  one  dozen  chairs,  one  bureau  not  exceeding  $40  in 
value,  one  safe  or  press,  one  wash-basin,  one  bowl  and  pitcher,  one  wash¬ 
ing  kettle,  two  washing-tubs,  one  churn,  one  looking-glass,  one  chopping- 
axe,  one  spinning-wheel,  one  loom  and  gear,  one  pair  cotton  cards,  one 
pair  wool  cards,  one  cooking-stove  and  utensils  not  exceeding  $25  in 
value,  one  cradle,  one  Bible  and  hymn-book,  all  school-books,  two 
horses  or  mules,  or  one  of  each,  or  one  yoke  of  oxen,  one  ox-cart,  ring, 
staple,  and  log-chain,  one  two-horse  or  one-horse  wagon  not  exceeding 
$75  in  value,  and  harness ;  one  man’s  saddle,  one  woman's  saddle,  two 
riding-bridles,  twenty-five  barrels  of  corn,  twenty  bushels  of  wheat,  five 
hundred  bundles  of  oats,  five  hundred  bundles  of  fodder,  one  stack  of 
hay  not  exceeding  $20  in  value  ;  and  in  family  of  less  than  six  persons 
1,200  pounds  of  pork,  slaughtered  or  on  foot,  or  900  pounds  of  bacon  ; 
and  if  the  family  consists  of  more  than  six  persons,  1,200  pounds  of 
pork  or  900  pounds  of  bacon  ;  all  the  poultry  on  hand,  and  fowls  up  to 
$25,  a  home-made  carpet,  and  six  cords  of  wood  or  100  bushels  of  coal ; 
designated  provisions ;  a  $25  carpet,  and  200  bushels  of  cotton-seed  ; 
and  if  the  head  of  the  family  be  engaged  in  agriculture,  two  plows,  twe 


138 


HOW  TO  BE  YOUR  OWN  LAWYER. 


hoes,  one  grubbing-hoe,  one  cutting-knife,  one  harvest-cradle,  one  set 
plow  gears,  one  pitchfork,  one  rake,  one  iron  wedge,  five  head  of  sheep, 
and  ten  head  of  stock  hogs  ;  also,  in  hands  of  a  mechanic,  one  set  of 
mechanics’  tools,  such  as  are  usual  and  necessary  in  pursuit  of  his  trade  ; 
also,  in  hands  of  every  male  citizen,  or  female,  if  head  of  family,  one 
gun ;  also,  in  hands  of  head  of  family,  or  single  female  using  in  earn¬ 
ing  a  livelihood,  one  sewing-machine ;  and  in  hands  of  heads  of  fami¬ 
lies,  fifty  pounds  of  picked  cotton,  twenty-five  pounds  of  wool,  and 
enough  upper  and  sole  leather  to  provide  shoes  for  family  ;  also,  if  such 
person  be  a  mechanic,  $50  worth  of  lumber  or  material ;  also,  in  addi¬ 
tion  to  all  these  articles,  $250  worth  of  personal  property  generally,  are 
exempt. 

In  case  of  the  death  of  the  householder,  the  property  is  exempt  in  the 
hands  of  his  widow  ;  or  if  she  did  not  survive  him,  in  those  of  his  rep¬ 
resentatives,  for  the  benefit  of  his  children. 

The  homestead  of  every  housekeeper  residing  within  the  State,  to  the 
value  of  $1,000,  and  consisting  of  a  dwelling-house  and  outbuildings, 
and  the  land  appurtenant  thereto,  shall  be  exempt  from  attachment  and 
execution. 

The  homestead,  when  owned  by  a  married  man,  can  only  be  aliened 
on  mortgage  by  joint  deed  of  husband  and  wife,  except  for  payment  of 
the  purchase-money. 

Texas. 

There  is  exempt  from  sale  on  execution  to  every  citizen,  householder 
or  head  of  a  family,  200  acres  of  real  estate,  including  homestead  in  the 
country,  or  any  lot  or  lots  in  a  town  or  city,  used  as  a  homestead,  not  to 
exceed  $5,000  in  value  at  the  time  of  their  designation  as  a  homestead 
(subsequent  increase  in  value  by  improvements  or  otherwise  does  not 
subject  it  to  forced  sale) ;  all  household  and  kitchen  furniture,  all  imple¬ 
ments  of  husbandry ;  a  cemetery  lot ;  all  tools,  and  apparatus,  and 
books  belonging  to  any  trade  or  profession  ;  the  family  library,  portraits 
and  pictures,  five  milch  cows  and  calves,  two  yoke  of  work  oxen,  with 
necessary  yokes  apd  chains  ;  two  horses  and  one  wagon,  one  carriage  or 
buggy,  one  gun  ,  twenty  hogs,  twenty  head  of  sheep ;  all  provisions 
and  forage  on  hand  for  home  consumption,  and  all  saddles,  bridles  and 
harness  necessary  for  the  use  of  the  family.  To  every  citizen  not  the 
head  of  a  family,  one  horse,  saddle,  and  bridle  ;  all  wearing  apparel, 
and  tools,  books,  and  apparatus  of  his  trade  or  profession.  In  case  of 
death  of  husband,  the  court  will  set  aside  to  the  widow  and  children 
other  property  or  money  to  the  value  of  the  f  oregoing  exemptions,  if  the 
estate  has  not  got  the  specific  articles  exempted. 

Utah. 

Chairs,  tables,  desks,  and  books  amounting  to  $100  ;  necessary  house¬ 
hold  and  kitchen  furniture,  provisions  and  fuel  for  sixty  days.  Farm¬ 
ing  implements,  two  oxen,  two  mules  or  two  horses  and  their  harness, 
one  cow  and  calf  for  every  five  persons  in  the  family  ;  cart  or  wagon, 
food  for  such  horses,  mules,  oxen,  and  cow  for  sixty  days,  and  seed,  etc. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


139 


for  planting  amounting  to  $100.  Tools  of  mechanics,  instruments  of 
physicians,  surgeons,  or  dentists  with  professional  library,  law  library 
of  attorney,  $400  in  tools,  cabin  and  bed  of  miner  with  thirty  days’  pro¬ 
visions,  two  oxen,  or  mules,  or  horses,  and  sixty  days’  provisions  for 
teamster  or  cartman  who  habitually  earns  his  living  thereby,  horse,  har¬ 
ness,  and  vehicle  used  by  a  physician  or  minister  of  the  gospel,  sewing- 
machine.  If  the  debtor  be  the  head  of  a  family,  a  further  exemption 
is  allowed  of  live  sheep  and  their  wool  for  every  person  in  the  family, 
two  hogs,  three  pigs,  personal  services  of  the  debtor  or  his  family  with¬ 
in  sixty  days  next  preceding  the  levy,  a  homestead  valued  at  $1,000,  and 
$200  cash  for  each  member  of  debtor’s  family.  Court-houses,  public 
buildings,  property  of  lire  companies,  cemeteries,  parks  and  churches. 
No  property  owned  by  non-residents  is  exempt ;  no  property  is  exempt 
for  purchase-money. 

Vermont 

Suitable  apparel,  bedding,  tools,  arms,  and  articles  of  household  fur¬ 
niture,  as  may  be  necessary  for  upholding  life ;  one  sewing-machine 
kept  for  use  ;  one  cow  •  the  best  swine,  or  the  meat  of  one  swine  ;  ten 
sheep,  and  one  year’s  product  of  said  sheep  in  wool,  yarn,  or  cloth ; 
forage  sufficient  for  keeping  not  exceeding  ten  sheep  and  one  cow 
through  one  winter  ;  ten  cords  of  firewood  ;  twenty  bushels  of  potatoes  ; 
such  military  arms  and  accoutrements  as  the  debtor  is  required  by  law  to 
furnish ;  all  growing  crops  ;  ten  bushels  of  grain  ;  one  barrel  of  flour ; 
three  swarms  of  bees,  and  hives,  together  with  their  produce  in  honey ; 
two  hundred  pounds  of  sugar  ;  and  all  lettered  gravestones  ;  the  Bibles 
and  other  books  used  in  a  family  ;  one  pew  or  slip  in  a  meeting-house  or 
place  of  religious  worship )  live  poultry,  not  exceeding  in  amount  or 
value  the  sum  of  ten  dollars ;  the  professional  books  of  clergymen  and 
attorneys-at-law,  to  the  value  of  two  hundred  dollars  ;  and  also  one  yoke 
of  oxen  or  steers,  as  the  debtor  may  select,  or  two  horses  kept  in  use  for 
team  work,  and  such  as  the  debtor  may  select,  in  lieu  of  oxen  or  steers, 
but  not  exceeding  in  value  the  sum  of  $200,  with  sufficient  forage  for  the 
keeping  of  the  same  through  the  winter ;  also  two-horse  wagon  with 
whiffletrees,  and  one  neck-yoke,  or  one  ox-cart,  as  the  debtor  may 
choose,  one  sled  or  one  set  of  tram-sleds,  either  for  horses  or  oxen,  as  the 
debtor  may  select,  two  harnesses,  two  halters,  two  chains,  one  plow,  and  one 
ox-yoke,  which  with  the  oxen,  or  steers,  or  horses,  which  the  debtor  may 
select  for  team  work,  shall  not  exceed  in  value  $250,  are  exempt ;  provided 
that  the  exemption  of  said  one  two-horse  wagon  with  whiffletrees  and  one 
neck-yoke,  or  one  ox-cart,  as  the  debtor  may  choose,  one  sled  or  set  of 
tram-sleds,  harnesses,  halters,  plow  and  ox-yoke  are  not  to  extend  to  or 
affect  any  attachment  in  any  suit  founded  on  any  contract  made  on  or 
before  the  1st  day  of  December,  1878,  or  to  any  execution  issued  on 
a  judgment  founded  on  any  such  contract ;  provided,  however,  the  ex¬ 
emption,  as  to  one  yoke  of  oxen  or  steers  and  the  forage  therefor,  is  not 
to  extend  to  any  attachment  issued  on  any  contract  made  on  or  before 
he  twenty-first  day  of  November,  1859,  or  the  exemption  as  to  two 
iurses  and  the  forage  therefor,  on  or  before  the  1st  day  of  December 
.$60. 


140 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Tlie  homestead  of  every  housekeeper  residing  within  the  State,  con¬ 
sisting  of  a  dwelling-house,  outbuildings,  and  the  lands  appurtenant 
thereto,  occupied  by  the  housekeeper  as  a  homestead,  and  the  yearly  prod¬ 
ucts  thereof,  the  whole  not  to  exceed  five  hundred  dollars  in  value, 
are  exempt  from  attachment  in  all  cases  where  the  cause  of  action 
occurred  subsequent  to  the  first  day  of  December,  1850,  except  when  the 
cause  of  action  occurred  previous  to,  or  at  the  time  of  the  purchase  of 
the  homestead,  or  the  action  to  be  brought  to  enforce  the  payment  of 
taxes  legally  assessed. 

Whenever  the  real  estate  of  a  housekeeper  is  levied  upon,  such  portion 
as  he  may  occupy  as  a  homestead,  or  may  elect  to  regard  as  such,  to  the 
value  of  five  hundred  dollars,  is  set  out  to  him  by  the  appraisers  on  the 
execution,  upon  their  oaths,  and  the  remainder  only  is  set  off  to  the 
execution  creditor. 

If  a  housekeeper  dies,  leaving  a  widow,  the  homestead  passes  to  his 
widow  and  children,  if  any  there  be,  in  direct  course  of  descent,  not 
subject  to  the  payment  of  the  debts  of  the  deceased,  unless  made  specially 
chargeable  thereon,  and,  if  necessary,  the  probate  court  appoints  a 
commission  to  set  out  to  the  widow,  or  widow  and  children,  tlie  home¬ 
stead,  provided  that  such  children  shall  only  have  an  interest  in  such 
homestead  until  they  shall  attain  their  majority. 

The  homestead  can  not  be  sold  or  mortgaged  by  the  owner,  if  a  mar¬ 
ried  man,  without  the  consent  and  signature  of  his  wife,  excepting  at  the 
time  of  the  purchase  of  the  homestead,  when,  to  secure  the  payment  of 
the  purchase-money,  the  husband  may  execute  a  mortgage  without  the 
consent  of  the  wife.  The  time  when  the  deed  to  the  owner  of  a  home¬ 
stead  is  left  in  the  town  clerk’s  office  for  record,  is  deemed  the  time  of 
purchase.  The  cost  and  expenses  of  setting  out  a  homestead,  or  its 
yearly  products,  as  provided  by  law,  are  charged  in  the  officer’s  bill  of 
fees  upon  the  writ  or  execution. 

Virginia. 

Every  householder  or  head  of  a  family  shall  be  entitled,  in  addition  to 
the  articles  mentioned  below,  to  hold  exempt  from  levy  his  real  and 
personal  property,  or  either,  including  money  or  debts  due  him,  to  a 
value  not  exceeding  $2,000,  to  be  selected  by  him.  In  case  of  husband, 
parent,  or  other  person,  who  is  a  housekeeper  and  head  of  a  family,  there 
are  also  exempt,  family  Bible,  family  pictures,  books,  etc.,  not  exceed¬ 
ing  $100  in  value  ;  a  pew  in  a  church,  lot  in  a  burial-ground,  necessary 
wearing  apparel  of  debtor  and  family,  necessary  beds,  bedding,  etc., 
stoves  for  necessary  use  of  family,  not  exceeding  three ;  one  cow,  one 
horse,  six  chairs,  one  table,  six  knives,  six  forks,  six  plates,  one  dozen 
spoons,  two  dishes,  two  basins,  one  pot,  one  oven,  six  pieces  of  wood  or 
earthenware,  one  loom,  one  safe  or  press,  spinning-wheel,  pair  of  cards, 
one  axe,  two  hoes,  five  barrels  of  corn,  five  bushels  of  wheat  or  one 
barrel  of  flour,  two  hundred  pounds  of  bacon,  three  hogs,  ten  dollars’ 
worth  of  forage ;  one  cooking-stove  and  utensils  for  cooking ;  one 
sewing-machine  ;  and  in  case  of  a  mechanic,  the  tools  of  his  trade  to  the 
value  of  $100  ;  if  debtor  at  the  time  is  actually  engaged  in  agricultural 


HOW  TO  BE  YOUR  OWN  LAWYER. 


141 


pursuits,  there  are  exempt,  whilst  so  engaged,  one  yoke  of  oxen,  or  a 
pair  of  horses  or  mules  in  lieu  thereof,  one  wagon,  two  plows,  one  drag, 
one  harvest  cradle,  one  pitchfork,  one  rake,  two  iron  wedges. 

1 West  Virginia. 

Homestead  to  the  value  of  $1,000  is  exempt,  where  the  property  of 
that  value  is  devised  or  granted  to  debtor,  being  a  husband  or  parent, 
and  resident  in  the  State,  as  a  homestead  ;  and  where  he,  previously  to 
cont  racting  the  debt  or  liability,  has  placed  a  declaration  of  his  intention 
to  keep  the  property  as  a  homestead  on  the  land  records  of  the  county  in 
which  the  real  estate  is  situate.  Personal  property  to  the  value  of  $200 
is  aVo  exempted,  provided  debtor  is  a  resident,  and  husband  or  parent. 
Also  $50  dollars’  worth  of  tools  of  a  mechanic,  artisan,  or  laborer,  whether 
he  is  a  husband  or  parent  or  not. 

Washington. 

Wearing  apparel,  private  library,  pictures,  and  keepsakes ;  one  bed 
and  one  additional  for  every  two  members  of  the  family,  and  household 
goods  to  the  value  of  $150  ;  two  cows  and  calves,  five  swine,  two  stands 
of  bees,  twenty-five  fowls,  and  provisions  and  fuel  six  months.  To  a 
farmer,  one  span  of  horses  and  harness,  or  two  yokes  of  oxen,  with 
farming  utensils  to  the  value  of  $200.  To  a  mechanic,  tools  $500  ; 
physician,  library  and  $500  ;  attorney  and  clergyman,  library  and  $500  ; 
firearms  and  boats,  $50.  To  a  drayman,  his  team,  logger,  three  yokes 
of  oxen,  and  implements,  $300. 

Homestead  $1,000. 

Wisconsin. 

The  family  Bible,  family  pictures,  school  books,  or  library  ;  a  seat  or 
pew  in  any  house  of  public  worship ;  and  the  family  burial-place, 
all  wearing  apparel  of  the  debtor  and  his  family ;  all  bedsteads,  beds, 
and  bedding  used  by  the  family  ;  all  cooking  utensils,  and  other  house¬ 
hold  furniture  to  the  value  of  $200  ;  two  cows  ;  ten  swine  ;  one  yoke  of 
oxen,  and  a  horse,  or,  in  lieu  of  them,  a  span  of  horses ;  ten  sheep,  and 
the  wool  therefrom,  either  as  raw  material,  or  manufactured  into  yarn 
or  cloth  ;  necessary  food  for  the  support  of  the  stock  mentioned,  for  one 
year,  whether  provided  or  growing,  as  the  debtor  may  choose  ;  one  wag¬ 
on,  cart,  or  dray ;  one  sleigh,  one  plow,  one  drag,  and  other  farming 
utensils,  including  tackle  for  teams,  to  the  value  of  $50.  Provisions  and 
fuel  necessary  for  one  year’s  consumption  ;  the  tools  and  implements,  or 
stock  in  trade,  of  any  mechanic,  miner,  and  other  person,  used  and  kept 
for  the  purpose  of  carrying  on  his  trade  or  business,  to  the  value  of 
$200  ;  the  library  and  implements  of  any  professional  man,  to  the  value 
of  $200  ;  all  of  which  articles  are  to  be  chosen  by  the  debtor  or  his  repre¬ 
sentative.  Money  arising  from  insurance  on  property  exempt,  which  Inis 
been  destroyed  by  fire,  can  not  be  seized  on  execution.  Life  insurance, 
printing  materials,  $1,500. 

A  homestead,  consisting  of  not  over  forty  acres  of  land,  used  for  agri 


142 


HOW  TO  BE  YOUR  OWN  LAWYER. 


cultural  purposes,  with  a  dwelling-house  thereon,  and  its  appurtenances, 
to  be  selected  by  the  owner,  and  not  included  in  any  town-plot,  city,  oi 
village ;  or  instead,  land  not  exceeding  one-fourth  of  an  acre,  within  a 
town-plot,  city,  or  village,  with  a  dwelling-house  thereon,  and  its  appur¬ 
tenances,  owned  and  occupied  by  any  resident  of  the  State,  is  not  subject 
to  forced  sale.  This  exemption  does  not  affect  any  mechanic’s  or  labor¬ 
er’s  lien,  or  extend  to  any  lawfully  obtained  mortgage.  Rut  such  mort¬ 
gage  or  other  alienation  of  such  property  by  the  owner  thereof,  if  a  mar¬ 
ried  man,  is  not  valid  without  the  signature  of  his  wife  to  the  same. 

When  the  owner  of  a  homestead  dies,  leaving  infant  children,  the 
homestead  is  exempt  from  the  payment  of  his  debts ;  and  no  adminis¬ 
trator  or  executor  has  a  right  to  the  possession  of  an  estate  so  exempt,  or 
to  the  rents  and  profits  of  the  same. 

Wyoming. 

The  necessary  wearing  apparel  of  every  person  not  exceeding  in  value 
$150.  Household  property  when  owned  by  any  person  being  the  head 
of  a  family  to  the  amount  of  $500.  Tools,  teams,  implements,  or  stock 
in  trade  of  any  mechanic,  miner,  or  other  person,  used  and  kept  for  the 
purpose  of  carrying  on  his  trade  or  business,  not  exceeding  in  value 
$300,  and  homestead  occupied  by  the  owner  or  his  or  her  family  not  ex¬ 
ceeding  in  value  $1,500,  are  exempt.  No  article  of  personal  jjroperty  is 
exempt  from  attachment  or  sale  on  execution  for  the  purchase-money  of 
said  article.  Persons  claiming  exemption  must  be  bona  fide  residents  of 
this  Territory.  No  property  of  any  person  about  to  remove  or  abscond 
from  the  Territory  is  exempt. 


FARMERS. 

There  is  probably  no  class  of  the  community  to  whom  this  book  can 
be  of  greater  service  than  to  farmers.  Most  of  their  time  being  occupied 
in  cultivating  the  soil,  they  have  less  experience  in  the  routine  of  business 
than  many  other  people,  and,  therefore,  when  called  upon  to  draw  up  an 
agreement,  lease,  or  any  other  paper,  are  apt  to  be  at  a  loss  exactly  how  to 
do  it  legally. 

There  are  many  subjects  treated  of  in  these  pages,  such  as  Highways, 
Fences,  Fence  Viewers,  Cattle  and  Dog  Laws,  Trespass,  Deeds,  Leases, 
Landlord  and  Tenant,  Contracts,  Master  and  Servant,  Warranty  of 
Horses,  etc.,  that  will  be  found  of  especial  interest  to  farmers. 


FENCES  AND  FENCE  VIEWERS. 

When  the  laws  of  a  State  require  two  parties  having  adjoining  lands 
to  put  up  a  division  fence,  each  must  make  and  maintain  a  just  and 


HOW  TO  BE  YOUR  OWN  LAWYER. 


143 


equal  portion  of  the  same,  or  pay  for  the  making  and  maintaining  of  the 
same.  If  either  party  neglect  or  refuse  to  build  or  repair  his  half  and 
the  other  party  suffer  injury  thereby,  the  injured  party  may  recover 
damages.  Certain  local  officers,  usually  called  “  Fence  Viewers,”  or  the 
assessors  or  commissioners  of  highways  in  each  town  of  a  State  acting 
as  ‘‘Fence  Viewers,”  are  empowered  to  decide  the  share  of  the  expense  of 
the  fences  each  party  must  bear,  and  the  damage  to  the  injured  party 
from  neglect  to  repair  or  fence  when  required  to  do  so. 

It  is  the  duty  of  the  fence  viewers,  usually  two  in  number,  to  examine  the 
premises  and  hear  the  allegations  of  the  parties.  Their  decision  should  be 
reduced  to  writing  and  filed  with  the  town  clerk.  If  through  flood  or  any 
cause  the  division  fence  has  been  broken  down,  removed,  or  destroyed, 
the  person  bound  to  make  and  repair  such  fence,  or  any  part  thereof, 
shall  make  or  repair  the  same,  or  his  just  proportion  thereof,  within  ten 
days  after  written  notice  shall  have  been  served  on  him,  and  if  he  then 
fails  or  refuses  to  make  or  repair,  the  other  party  can  go  on  and  build  or 
repair  the  same,  and  recover  the  expenses  and  costs  of  suit  from  the 
party  so  neglecting  or  refusing.  The  fence  must  be  built  on  the  bound* 
ary  line.  A  partition  fence  is  presumptively  the  common  property  of 
each  owner  of  the  adjoining  lands.  If  built  entirely  on  the  land  of 
one  party  it  belongs  to  him.  The  fence  viewer  may  examine  witnesses  on 
the  question  submitted.  If  any  person  who  shall  have  made  his  portion 
of  a  division  fence  desires  to  remove  it  and  suffer  the  lands  to  lie  open, 
he  may  do  so  (provided  that  such  lands  are  not  cleared  or  improved,  at 
any  time  between  the  first  day  of  November  in  any  one  year  and  the  first 
day  of  April  following),  but  at  no  other  time.  He  must  give  ten  days’ 
notice  to  the  occupant  of  the  adjoining  land  of  his  intention  to  apply  to 
the  fence  viewers  of  the  town  for  permission  to  remove  the  fence.  If  the 
fence  viewers  refuse  the  permission  sought  for,  and  he,  notwithstanding, 
removes  the  fence,  he  renders  himself  liable  for  all  damages  which  may 
result  to  the  other  party  from  such  removal. 

Decision  of  Fence  Viewers  as  to  Value  of  Fences  and  Portion  to 
be  Maintained  by  an  Owner  who  has  let  his  Lands,  lie  open. 

1—  Built  by  an  Adjoining  Owner. 

County,  [ 

Town  of  f  8  * 

Whereas  A.  B.  and  C.  D.  are  the  owners  of  certain  lands  adjoining  in 
the  town  of  and  on  the  day  of  18  or  thereabouts,  the  said  A. 
B.  erected  a  division  fence  between  the  land  belonging  to  him  and  that 


144 


HOW  TO  BE  YOUR  OWN  LAWYER. 


of  the  said  C.  D.,  who  had  chosen  to  let  the  same  lie  open  ;  and  whereas 
the  said  C.  D.  has  recently  enclosed  the  land  belonging  to  him,  and  a 
controversy  has  arisen  between  the  said  parties  concerning  the  proper 
proportion  of  the  value  of  the  said  division  fence  to  be  paid  for  by  th6 
said  C.  D. 

Now,  therefore,  we,  the  undersigned,  two  of  the  fence  viewers  of  the 
said  town  of  do  hereby  certify,  that  we  have  made  due  inquiry  into 
the  facts  and  examined  the  premises,  and  find  that  the  following  is  a  cor¬ 
rect  description  of  the  fence  so  built  by  the  said  A.  B.,  as  aforesaid,  to 
w:t:  [here  describe  the  fence]  ;  that  the  value  thereof  at  the  time  of 
erecting  the  same  was  dollars  ;  and  that  the  proper  proportion  of  said 
value  to  be  paid  by  the  said  C.  I).  to  the  said  A.  B.  is  dollars  :  And 
we  certify  that  the  fees  for  our  services  amount  to  dollars. 

Given  under  our  hands  this  day  of  in  the  year  18  . 

E.  F.  )  Fence 
G.  H.  {  Viewers. 


2.— Decision  as  to  Proportion  of  Division  Fence  to  be  Maintained. 

Whereas  A.  B.  and  C.  D.  are  the  owners  of  certain  adjoining  lands  in 
the  town  of  and  a  disagreement  has  arisen  between  them  as  to  the 
just  proportions  of  a  division  fence  to  be  built  or  maintained  by  them  re¬ 
spectively  :  We,  having  examined  the  facts  and  viewed  the  premises,  de¬ 
cide  that  said  division  fence  should  be  built  as  follows  :  [here  describe 
the  fence]  ;  that  one  part  of  said  fence  is  the  proper  proportion  thereof 
to  be  built  by  the  said  A.  B.  ;  and  that  the  remaining  part  is  the  proper 
proportion  thereof  to  be  built  by  the  said  C.  D.  And  we  certify  that  the 
fees  for  our  services  amount  to  dollars. 

Given  [etc.,  as  in  Form  No.  1]. 


3.— Appraisement  of  Damage  where  one  Owner  has  Neglected  to 
keep  his  Fence  in  Repair. 

Whereas  application  has  been  made  to  the  undersigned  by  A.  B.,  the 
owner  of  land  adjoining  the  land  of  C.  D.,  in  the  town  of  to  ascertain 
and  appraise  his  damages  arising  in  consequence  of  the  refusal  [or  neg¬ 
lect]  of  the  said  C.  D.  to  keep  in  repair  [or  to  build]  his  proportion  of  a 
division  fence  between  the  aforesaid  lands.  We  have  examined  the  facts 
and  viewed  the  premises,  and  after  due  notice  to  said  C.  D. ,  we  do  decide 
and  determine  that  the  said  A.  B.  has  sustained  damage  to  his  land,  crops, 
iruit  trees,  and  shrubbery,  in  consequence  of  the  refusal  [or  neglect]  of 
the  said  0.  D.  to  maintain  [or  make]  his  proportion  of  such  division, 
fence  as  aforesaid,  which  said  damages  we  have  ascertained  and  appraise 
at  dollars.  And  we  certify  that  the  fees  for  our  services  amount  to 
dollars. 

Given  [etc.,  as  in  Form  No.  1,. 


HOW  TO  BE  YOUE  OWN  LAWYEE. 


145 


4 —Notice  of  Application  to  be  made  to  Remove  Proportion  of 
Division  Fence  and  let  Land  lie  open. 

Please  take  notice  that  I  shall  apply  to  and  two  of  the  fence 
viewers  of  the  town  of-  on  the  day  of  instant,  for  permission  to 
remove  the  division  fence  between  the  land  occupied  by  you  in  said  town 
and  that  owned  and  occupied  by  me  lying  adjacent  thereto. 

[Signature.] 

[Date.] 

[Address.] 

5.— Certificate  of  Consent  by  Fence  Viewers. 

We,  the  undersigned,  two  of  the  fence  viewers  of  the  town  of  here¬ 
by  certify  that  upon  the  application  of  A.  B.,  made  in  accordance  with 
a  notice,  of  which  the  above  is  a  copy,  duly  served  upon  C.  D.,  therein 
mentioned,  more  than  ten  days  before  this  day,  we  have  examined  the 
premises  where  the  division  fence  named  in  said  notice  is  situate,  and  do 
determine  that  the  same  may  with  propriety  be  removed. 

Given  [etc.,  as  in  Form  N o.  1]. 


6— Appraisement  of  Damage  by  Cattle. 

We,  the  undersigned,  two  of  the  fence  viewers  of  the  town  of 
hereby  certify,  that  upon  the  application  of  A.  B.,  we  have  examined 
into  the  damages  done  by  [give  the  number  and  description  of  cattle  as 
near  as  may  be],  distrained  by  him  doing  damage  on  his  lands,  and  having 
viewed  the  premises  and  ascertained  the  damages,  do  hereby  certify  the 
amount  of  such  damages  to  be  dollars  ;  and  that  the  fees  for  our 
services  are  dollars. 

And  a  disagreement  having  arisen  between  the  said  A.  B.  and  C.  D., 
the  owner  of  the  adjoining  land,  touching  the  sufficiency  of  the  fence 
along  [designate  it],  we  having  examined  the  same,  and  heard  the  allega¬ 
tions  and  proofs  of  the  parties,  certify  that  we  consider  the  said  fence 
sufficient  [or,  insufficient]. 

Given  [etc.,  as  in  Form  1]. 


7.— Certificate  that  Sheep  were  Kitted  by  Dogs. 

We,  the  undersigned,  two  of  the  fence  viewers  of  the  town  of 
hereby  certify,  that  upon  the  application  of  A.  B.,  the  owner  of  sheep 
[or  lambs],  alleged  to  be  killed  by  dogs,  we  proceeded  to  inquire  into 
the  matter,  and  !o  view  the  sheep  [or  lambs]  killed,  and  examined  wit¬ 
nesses  in  relation  thereto  ;  and  that  we  find  that  sheep  [or  lambs] 
belonging  to  the  said  A.  B.,  were  killed  by  dogs,  and  in  no  other  man¬ 
ner  ;  and  we  also  certify  that  the  amount  of  damages  sustained  by  the 

7 


146 


HOW  TO  BE  YOUR  OWN  LAWYER. 


said  A.  B.,  in  consequence  of  the  killing  of  said  sheep  [or  lambs],  as 
aforesaid,  is  dollars  ;  and  that  the  value  of  said  sheep  [or  lambs]  ia 
dollars  ;  and  that  the  fees  for  our  services  are  dollars. 

Given  [etc.,  as  in  Form  1]. 


GUARANTY. 

A  guaranty  is  an  undertaking  to  answer  for  another’s  liability,  and  is 
collateral  thereto,  or,  in  other  words,  it  is  a  contract  by  which  one  person 
is  bound  to  another  for  the  fulfilment  of  a  promise  or  engagement  of  a 
third  party.  It  differs  from  a  warranty,  which  is  given  in  reference  to 
the  title,  quality,  or  quantity  of  a  thing  sold.  No  special  words  are 
necessary  to  constitute  a  guaranty.  If  the  party  clearly  shows  that  it  is 
his  intention  to  guaranty,  it  is  sufficient. 

In  order  that  the  guarantor  may  be  held,  the  guaranty  should  be  in 
writing,  signed  by  him.  If  the  guarantor  pays  his  principal’s  debt  he  is 
entitled  to  all  the  securities  of  the  creditor. 

The  conditions  of  the  guaranty  must  be  strictly  followed,  otherwise 
the  guarantor  will  not  be  held. 

The  guaranty  must  be  founded  on  a  consideration,  otherwise  it  is  of  no 
force. 

It  is  a  sufficient  consideration  if  the  party  for  whom  the  guaranty  is 
given  derives  a  benefit,  or  the  party  to  whom  it  is  given  suffers  an  injury, 
because  of  his  acting  on  the  faith  of  the  guaranty.  No  consideration 
need  pass  from  the  party  receiving  the  guaranty  to  the  guarantor.  The 
agreement  of  both  parties  is  necessary  to  make  a  guaranty  binding  oa  the 
guarantor.  The  guarantor  can  be  held  only  for  the  amount  agreed 
upon,  or  for  the  time  mentioned  in  the  guaranty. 

If  the  principal  fails  to  pay  the  debt,  the  guarantor  should  be  notified. 
A  guaranty  is  always  revocable  until  it  has  been  acted  upon. 

Guaranty  of  Payment  of  Note. 

For  value  received,  I  hereby  guarantee  the  payment  of  the  within  note, 

[Date.]  [Signature.] 

Guaranty  of  Payment  of  Bond. 

In  consideration  of  the  sum  of  one  dollar  to  me  in  hand  paid  by  C.  D., 
I  hereby  guarantee  the  payment  of  the  foregoing  bond. 

Witness  my  hand  [and  seal],  the  day  of  18  . 

[Signature,  with  or  without  seal.] 


HOW  TO  BE  YOUK  OWN  LAWYER. 


147 


Guaranty  of  Collectibility,  etc. 


For  value  received,  I  hereby  guarantee  that  the  within 
collectible]. 


is  good  [or, 
[Signature.] 


Guaranty  of  Rent  to  be  Attached  to  a  Lease. 

In  consideration  of  the  letting  of  the  premises  above  mentioned  to  tbe 
above-named  A.  B.,  and  of  the  sum  of  one  dollar  to  me  paid  by  the  said 
party  of  the  first  part,  I  do  hereby  covenant  and  agree,  to  and  with  the 
party  of  the  first  part  above  named,  and  with  his  legal  representatives, 
that  if  default  shall  at  any  time  be  made  by  the  said  A.  B.  in  the  payment 
of  the  rent  and  performance  of  the  covenants  above  contained  on  his 
part  to  be  paid  and  performed,  that  I  will  well  and  truly  pay  the  said 
rent,  or  any  arrears  thereof  that  may  remain  due  unto  the  said  party  of 
the  first  part,  and  also  all  damages  that  may  arise  in  consequence  of  the 
non-performance  of  said  covenants,  or  either  of  them,  without  requiring 
notice  of  any  such  default  from  the  said  party  of  the  first  part. 

Witness  my  hand  and  seal  this  day  of  in  the  year  of  our  Lord, 
one  thousand  eight  hundred  and 

[Name  of  witness.]  [Signature.] 


Guaranty  Given  to  Stop  Legal  Proceedings. 

A.  B.  &  Co.  having,  at  my  request,  agreed  to  discontinue  the  proceed¬ 
ings  instituted  by  them  against  C.  D.,  to  enforce  payment  of  dollars 
due  by  him  to  them,  I  hereby,  in  consideration  thereof,  guarantee  the 
payment  of  that  sum,  and  of  costs,  within  days  from  date. 

[Signature.] 

[Date.] 


GUARDIAN  AND  WARD. 

A  guardian  is  one  who  legally  has  the  care  and  management  of  the 
person  or  estate,  or  both,  of  a  child  during  its  minority.  The  guardian 
takes  the  father’s  place,  and  is  very  often  named  by  the  latter  in  his 
will.  The  father,  and  in  case  of  his  death  the  mother,  is  the  natural 
guardian,  and  in  the  great  majority  of  cases  no  other  is  appointed.  At 
the  age  of  fourteen  a  child  may  choose  its  own  guardian,  subject  to  re¬ 
jection  by  the  court,  but  he  may  choose  another  till  one  is  accepted  by 
the  court.  As  guardian  of  younger  children,  the  court  usually  appoints 
the  nearest  male  relative  who  is  competent  to  act,  though  females  and 
married  women  may  be  appointed.  The  proper  court  to  appoint  a 


148 


HOW  TO  BE  YOUR  OWN  LAWYER. 


guardian  is  the  probate  court,  called  orphans’  court  in  some  States,  and 
surrogate’s  court  in  others. 

The  guardian  has  a  parent’s  authority  over  the  acts  of  the  ward,  and 
like  duties,  to  look  after  his  welfare,  employment,  and  education.  He 
may  use  a  moderate  degree  of  correction  over  a  disobedient  ward.  He 
must  supply  his  ward  with  necessaries  of  life,  according  to  his  conditior 
in  life,  and  will  not  be  liable  for  anything  further  that  may  be  supplied. 
He  can  not  charge  the  ward’s  estate  with  the  cost  of  articles  not  neces¬ 
saries.  If  the  ward  is  poor  the  guardian  is  not  bound  to  support  him 
like  a  parent,  nor  may  he  reap  any  benefit  from  any  estate  of  the  ward. 
As  to  it  he  is  held  to  the  strict  accountability  of  a  trustee.  He  can  only 
sell  the  ward’s  real  estate,  or  invest  his  money  in  real  estate,  by  order  of 
the  court. 

At  the  marriage  of  a  female  ward  the  guardianship  ceases. 

If  it  is  necessary  for  the  ward  to  sue  or  he  is  sued,  a  guardian  for  the 
purposes  of  the  suit  is  appointed  by  the  court  in  which  the  suit  is 
brought.  The  general  guardian  is  usually,  though  not  necessarily,  the 
one  appointed. 

The  ward  can,  after  he  attains  his  majority,  call  his  guardian  to  an 
account,  and  compel  him  to  show  his  management  of  the  estate,  and  the 
disposition  of  the  rents  and  profits  arising  therefrom. 

Petition  for  Appointment  of  a  Guardian  for  a  Minor  of  the  Age 
of  Fourteen  Years. 

To  the  Honorable  [the  judges  of  the  orphans’  court  or  the  surrogate,  or 

as  the  case  may  be],  of  the  county  of 

The  petition  of  A.  B.,  of  the  city  of  '  respectfully  shows 

that  your  petitioner  is  a  resident  of  the  county  of  and  is  a  minor 
over  fourteen  years  of  age. 

That  your  petitioner  is  entitled  to  certain  property  and  estate  [briefly 
designatingit],  and  that  to  protect  and  preserve  the  legal  rights  of  your 
petitioner,  it  is  necessary  that  some  proper  person  should  be  duly  ap¬ 
pointed  the  guardian  of  his  person  and  estate  during  his  minority. 

Wherefore,  your  petitioner  nominates,  subject  to  the  approbation  of 
[judge  or  surrogate],  C.  B.,  of  the  city  of  to  be  such  guardian, 

and  prays  his  appointment  accordingly,  pursuant  to  the  statute  in  such 
case  made  and  provided. 

[Date.]  [Signature.] 

Consent,  to  be  Annexed. 

I,  0.  D.,  of  the  city  of  hereby  consent  to  be  appointed  the 

guardian  of  the  person  and  estate  of  the  above-named  minor  during  his 
minority. 

[Date.]  [Signature.] 


HOW  TO  BE  YOUE  OWN  LAWYER. 


149 


Affidavit  as  to  the  Property,  to  be  Annexed. 

County  of  ,  ss. 

E.  F.,  of  the  city  of  being  duly  sworn,  says,  that  he  is  ac* 

quainted  with  the  property  and  estate  of  the  above-named  minor,  and 
that  the  same  consists  of  real  and  personal  estate  ;  and  that  the  personal 
estate  of  said  minor  does  not  exceed  the  sum  of  dollars,  or  there* 

abouts ;  and  that  the  annual  rents  and  profits  of  the  real  estate  of  said 
minor  do  not  exceed  the  sum  of  dollars,  or  thereabouts. 

[Signature.] 

Sworn  before  me,  this  day  of  18  . 

[Signature  of  officer.] 


Bond  of  Guardian. 

Know  all  men,  that  we,  C.  D.,  of  the  city  of  ,  and  E.  F., 

of  the  same  city,  are  held  and  firmly  bound  unto  A.  B.,  of  the  city 
of  a  minor  over  fourteen  years  of  age,  in  the  sum  of 

dollars,  lawful  money  of  the  United  States,  to  be  paid  to  the  said  minor, 
his  executors,  administrators,  or  assigns ;  to  which  payment,  well  and 
truly  to  be  made,  we  bind  ourselves,  our  and  each  of  our  heirs,  execu¬ 
tors,  and  administrators,  jointly  and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals :  dated  the  day  of  one  thousand  eight 
hundred  and 

The  condition  of  this  obligation  is  such,  that  if  the  above-bounden  C.  D. 
shall  and  do  faithfully,  in  all  things,  discharge  the  duty  of  a  guardian  to 
the  said  minor,  according  to  law,  and  render  a  true  and  just  account  of 
all  moneys  and  property  received  by  him,  and  of  the  application  there¬ 
of,  and  of  his  guardianship  in  all  respects,  to  any  court  having  cogni¬ 
zance  thereof,  when  thereunto  required,  then  this  obligation  to  be  void  ; 
otherwise,  to  remain  in  full  force  and  virtue. 

[Signatures.]  [Seal.] 

[Sealed  and  delivered  in  the  presence  of 

[Signatures  of  witnesses.] 


Affidavit  of  Sufficiency  of  Surety  in 

County  of  ,  ss. 

C.  H.,  the  within-named  surety,  being  duly  sworn,  says  that  he  resides 
at  No.  ,  street,  in  said  city,  and  is  worth  the  sum  of  dollars 
over  and  above  all  his  just  debts,  liabilities,  and  responsibilities,  and 
property  exempt  by  law  from  execution. 

Sworn  before  me,  this  day  of  18  . 

[Signature  and  title  of  officer.] 


[Signature.] 


150 


HOW  TO  BE  YOUR  OWN  LAWYER, 


Petition  for  Appointment  of  a  Guardian  for  a  Minor  under  the 
Age  of  Fourteen  Years. 

To  the  Honorable  [the  judges  of  the  orphans’  court  or  the  surro¬ 
gate,  etc.],  in  the  county  of 

The  petition  of  of  deceased,  late  of  the  county  of 

mother,  [or,  any  proper  person]  of  a  minor,  respectfully  rep¬ 
resents  : 

That  is  under  the  age  of  fourteen  years,  and  has  no  person  le¬ 
gally  authorized  to  take  charge  of  his  person  and  estate  [briefly  desig¬ 
nate  it]  to  which  he  is  entitled,  the  rents  and  profits  of  which  do  not  ex¬ 
ceed  the  sum  of  dollars  per  annum.  Therefore,  your  petitioner 

prays  the  court  to  appoint  her  the  guardian  of  the  person  and  estate  of 
said  minor. 

[Signature.] 

Guardian’s  Account. 

A.  B. ,  guardian  of  one  of  the  children  and  heirs  of  late  of 
deceased,  in  account  with  the  estate  of  the  said 


IS 

Dr. 

Dolls. 

Cts. 

18 

Cr. 

Dolls. 

Cts. 

The  said  guardian 

The  guardian  asks 

charges  himself  as  fol¬ 

allowance  for  the  fol¬ 

lows,  viz. : 

lowing  sum»,  paid  on 

June  6 

Amount  received  of 

account  of  his  said 

executor  (or  admin¬ 

ward,  viz. : 

istrator)  of  the  said 

July  6 

Paid  clerk’s 

being  the  proportion  of 

fees . 

5 

00 

the  personal  estate  (or 

Paid  Andrew  Blood 

as  the  case  is),  due  the 

attorney’s  fees . 

50 

00 

said  as  one  of  the 

an .  1 

Paid  for  six 

heirs  of  the  said  de¬ 

months’  boarding  of 

ceased  . . 

1,012 

40 

ward . 

60 

00 

July  1 

Cash  received  on 

44 

Paid  for  one 

bond  and  mortgage  .  . . 

50 

00 

year's  tuition . 

24 

00 

it 

Cash  received  on 

44 

Paid  for  school 

note . 

184 

56 

books  . 

16 

20 

Aug.20 

Cash  received  for  one 

May  3 

Paid  hill  for 

year’s  rent  of  house  on 

medical  attendance 

10 

80 

street,  in  .  . 

100 

00 

July  10 

Loaned  on  his 

Sept.  1 

Cash  received  of  div¬ 

bond  and  mortgage .... 

1,440 

00 

idend  on  stock  . . . 

64 

44 

Sept.  1 

Paid  for  stating  this 

Oct.  11 

Cash  received  for  one 

account  . 

25 

00 

year’s  interest  on 

“  10 

Paid  clerk  for  filing 

note . 

30 

00 

the  same . 

5 

CO 

Nov.30 

Cash  received  of 

u 

Commission  on  $4,- 

for  land  sold  to  him  by 

301.40  (at  5  per  cent.)  . . . 

215 

07 

order  of  Orphans’ 

44 

Cash  in  hand 

2,390- 

33 

court .  . 

2,800 

00 

44 

Amount  of  assets 

now  on  hand,  as  fol¬ 

lows,  viz. : 

Mortgage  of 

.  $1,440  00 

Cash  on 

hand .  2,390  83 

3,860  38 

October  10, 18  . 

4,241 

40 

A.  B. 

4,241 

44 

This  account  must  be  sworn  to. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


151 


HIGHWAYS. 

A  highway  is  every  passage,  road,  bridge,  or  street,  which  a  citizen 
has  a  right  to  use. 

Highways  are  created  by  a  legislative  act,  by  necessity,  and  by  dedica¬ 
tion.  When  private  property  is  taken  by  a  legislative  act  for  a  highway, 
a  just  compensation  is  given,  which  amount  is  usually  determined  by  a 
jury,  or  by  commissioners. 

If  a  highway  becomes  impassable  from  any  cause,  the  public  have  a 
right  to  go  on  the  adjoining  land,  even  though  there  is  a  crop  on  the 
same. 

The  owner  of  land  may  dedicate  it  to  the  public  for  a  highway  by  al¬ 
lowing  it  to  be  used  as  such  without  exercising  control  over  it.  The  ded¬ 
ication  may  be  evidenced  by  deed  or  by  act  of  the  owner,  or  his  silent 
acquiescence  in  its  use  for  twenty  years.  There  may  be  a  gift  of  the 
land  on  the  part  of  the  owner  and  acceptance  on  the  part  of  the  public. 

By  taking  or  accepting  land  for  a  highway,  the  public  acquires  only 
the  right  of  way,  and  the  incidents  necessary  to  enjoying  and  maintain¬ 
ing  it,  subject  to  the  regulation  of  the  towns.  All  trees  within  the  high¬ 
way,  except  only  such  as  are  requisite  to  make  or  repair  the  road  or 
bridges,  on  the  same  land,  all  grass  thereon,  and  the  minerals  below,  are 
for  the  use  of  the  owner  or  occupant  of  the  land. 

The  owners  of  the  land  on  the  opposite  sides  own  to  the  centre  of  the 
highways.  If  at  any  time  the  highway  is  abandoned  the  owner  recovers 
the  land. 

The  liability  to  repair  is  determined  by  statute,  and,  as  a  general  rule, 
devolves  upon  the  towns. 

The  commissioners  of  highways  in  the  several  towns  have  the  care  and 
superintendence  of  the  highways  and  bridges  within  their  respective 
towns.  It  is  their  duty  to  repair  the  bridges  and  roads  and  to  regulate 
and  alter  such  of  them  as  a  majority  of  the  commissioners  shall  deem  in¬ 
convenient  ;  to  divide  their  respective  towns  into  so  many  road  districts 
as  they  shall  deem  convenient ;  to  assign  to  each  of  the  said  road  dis¬ 
tricts  such  of  the  inhabitants  liable  to  work  on  highways  as  they  shall 
think  proper,  having  regard  to  the  proximity  of  residence  as  much  as 
may  be. 

It  is  their  duty  to  require  the  overseers  of  highways  from  time  to  time, 
and  as  often  as  they  shall  deem  necessary,  to  warn  all  persons  assessed  to 
work  on  the  highways  to  come  and  work  thereon  ;  to  lay  out  on  actual 
survey  such  new  roads  in  their  respective  towns  as  they  may  deem  neces* 


152 


HOW  TO  BE  YOTJR  OWN  LAWYER. 


sary  and  proper,  and  to  discontinue  such  old  roads  as  shall  appear  tc 
them  on  the  oath  of  twelve  freeholders  of  the  same  town  to  have  becoma 
unnecessary  ;  to  cause  mile-boards  or  stones  to  be  erected  on  such  public 
roads  as  they  may  deem  proper  to  repair  and  keep  in  order. 

It  is  the  duty  of  overseers  of  highways  in  each  town  to  repair  and  keep 
in  order  the  highways  in  the  several  districts  for  which  they  were  elected ; 
to  warn  all  persons  assessed  to  work  on  the  highways  in  their  respective 
districts ;  to  cause  all  noxious  weeds  within  the  highway  to  be  cut  down 
or  destroyed,  twice  in  each  year ;  to  collect  all  fines  and  commutation 
money  ;  to  cause  all  loose  stones  lying  on  the  beaten  track  of  every  road 
to  be  removed  ;  to  keep  up  and  renew  the  mile-stones  and  guide-posts ; 
when  necessary,  to  make  another  assessment  on  the  residents  in  the  town 
to  keep  the  roads  in  repair. 

Every  person  owning  or  occupying  land  in  the  town  in  which  he  or 
she  resides,  and  every  male  inhabitant  over  twenty-one  years,  residing  in 
the  town  where  the  assessment  is  made,  shall  be  assessed  to  work  on  the 
roads  in  such  town,  and  all  moneyed  or  stock  corporations,  and  the 
land  of  non-residents  within  any  town,  are  subject  to  assessment  for 
highway  labor.  Ministers  of  the  gospel,  paupers,  idiots,  and  lunatics 
are  exempt  from  highway  labor. 

Any  person  liable  to  highway  labor  may  commute  for  the  same  in 
whole  or  in  part,  at  the  rate  of  one  dollar  per  day,  to  be  paid  to  the  over¬ 
seer  within  twenty-four  hours  after  receiving  the  notice  to  appear  and 
work. 

It  is  the  duty  of  the  overseer  to  give  twenty-four  hours’  notice  to  per¬ 
sons  assessed  to  highway  labor. 

Every  person  refusing  or  neglecting  to  appear  and  work  when  notified 
by  the  highway  overseer  is  subject  to  a  fine  for  each  day,  and  every  hour 
such  person  or  his  substitute  may  be  delinquent.  If  any  such  person  or 
substitute  shall  remain  idle,  or  not  work  faithfully  or  hinder  others  from 
work,  such  offender  shall  for  every  offence  forfeit  the  sum  of  one  dollar. 

Overseers  shall  have  power  to  require  a  cart,  wagon,  or  plow,  with  a 
pair  of  horses  or  oxen,  and  a  person  to  manage  them,  from  any  person 
having  the  same  within  his  district ;  if  he  furnish  them,  according  to 
order,  he  will  be  entitled  to  a  credit  of  three  days  for  each  day’s  service 
therewith.  If  he  neglect  or  refuse  to  furnish  them,  he  is  liable  to  a  fine 
of  three  dollars  per  day  for  each  day  that  he  may  be  assessed. 

No  private  road  can  be  laid  out  over  the  lands  of  any  person  without 
his  consent  or  the  decision  of  a  jury. 

When  a  commissioner  of  highways  has  determined  to  lay  out  a  new 


HOW  TO  BE  YOUR  OWN  LAWYER. 


153 


highway,  or  to  alter  or  discontinue  an  old  road,  he  must  file  such  deter¬ 
mination  in  writing  at  the  office  of  the  town  clerk. 

Any  person  aggrieved  by  any  determination  of  the  commissioner  of 
highways,  either  in  laying  out,  altering,  or  discontinuing  any  road,  or  in 
refusing  to  lay  out,  alter,  or  discontinue  any  road,  may,  at  any  time 
within  sixty  days  after  the  commissioner’s  determination  shall  have  been 
filed,  appeal  to  the  judge  of  the  county,  who  shall  appoint  three  disin¬ 
terested  freeholders,  residents  of  the  county,  but  not  of  the  town,  to  hear 
and  determine  the  appeal. 


Assessment  of  Highway  Labor. 


Town  of  ) 

County,  )  S8‘ 

At  a  meeting  of  the  commissioners  of  highways  of  the  town  of 
held  in  said. town  on  the  day  of  A.  B.,  C.  D.,  and  E.  F.,  the 
said  commissioners,  having  proceeded  to  ascertain,  estimate,  and  assess 
the  highway  labor  to  be  performed  in  their  town  for  the  ensuing  year, 
[if  only  two  of  them  will  agree  to  the  assessment  roll  as  prepared,  then 
insert  “  the  undersigned,  two  of  the  said  commissioners  ”]  have  made  out 
the  estimate  and  assessment  for  road  district  No.  in  said  town,  as  follows  : 

[Or  if  only  two  of  the  commissioners  were  present  at  the  assessment, 
then,  instead  of  the  preceding,  say,]  The  undersigned,  two  of  the  com¬ 
missioners  of  highways  of  the  town  of  having  met  in  said  town  on  the 

day  of  and  proceeded  to  ascertain,  estimate,  and  assess  the  high¬ 
way  labor  to  be  performed  in  their  town  for  the  ensuing  year,  all  the 
commissioners  of  highways  of  said  town  having  been  duly  notified  to 
attend  the  said  meeting  of  the  commissioners  for  the  purpose  of  de¬ 
liberating  thereon,  have  made  out  the  estimate  and  assessment  for  road 
district  No.  in  said  town  as  follows  : 

First.  The  inhabitants  of  said  town  assigned  to  said  road  district  are 
assessed  as  follows  to  wit : 


NAMES. 


NAMES. 


A.  C . 1  day 

D.  E . . 3  days 


X.  Y . 2  days 

L.  M . 10  days 


Second .  The  lands  owned  by  non-residents  of  said  town,  and  situate 
therein,  are  assessed  as  follows,  to  wit : 


Owner’s  name. 

Description  of  Land. 

Value. 

Assessment. 

In  witness  whereof  we  have  hereto  subscribed  our  names  this 
of  18  .  A.  B. 


7* 


3.  F.  ) 


day 


Commissioners. 


154 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Additional  Assessment  by  an  Overseer. 

The  quantity  of  labor  assessed  on  the  inhabitants  of  road  district  No. 
in  the  town  of  being  deemed  by  the  undersigned  insufficient  tc 
keep  the  roads  therein  in  repair,  I,  therefore,  in  pursuance  of  the  statute, 
hereby  make  a  further  assessment  as  follows  : 


NAMES. 


A.  B . 2  days 

C.  D . 3  days 

Witness  my  hand  this  day  of 


NAMES. 


E.  F . 4  days 

G.  H . 1  day 

18  . 

[Signature  of]  Overseer. 


Appeal  to  the  County  Judge,  by  Non-Resident  Owner  of  Lands,  or 
his  Agent,  from  the  Assessment  by  Commissioners. 


Town  op 
County  op 


j-  ss. 


A.  B.,  a  non-resident  owner  [or  agent  of  C.  D.,  a  non-resident  owner] 
of  lands  in  said  town,  who  considers  himself  aggrieved  in  the  assessment 
for  highway  labor  by  the  commissioners  of  highways  of  said  town,  upon 
the  following  described  lands,  to  wit :  [here  insert  the  description  as  in 
the  list  or  statement  made  by  the  commissioners]  hereby  appeals  from 
the  assessment  of  said  commissioners  to  the  county  judge  of  said  county 
of 

[Signature.] 

[Date.] 


Notice  by  Owner  or  his  Agent,  to  the  Commissioners,  of  the 
preceding  Appeal. 


To  [naming  them],  commissioners  of  highways  of  the  town  of 


You  are  hereby  notified,  that,  considering  myself  aggrieved  by  your 
assessment  for  highway  labor  of  the  land  owned  by  me  in  said  town,  I 
have  this  day  appealed  to  the  county  judge  of  the  county  of  who  will 
hear  and  decide  on  said  appeal  on  the  day  of  at  o'clock  in  the 
noon,  at 


[Date] 


[Signature.] 


Complaint  against  a  Person  for  Refusing  to  Work. 

A.  B.,  overseer  of  highways  for  road  district  No.  of  the  town  of 
in  the  county  of  on  oath  makes  complaint  to  E.  F.,  a  justice  of 


HOW  TO  BE  YOUR  OWN  LAWYER. 


155 


the  peace  of  said  town,  that  he  gave  to  C.  D.,  who  resides  in  the  said  dis¬ 
trict,  and  is  assessed  to  work  on  the  highways  therein,  twenty-four  hours’ 
previous  notice  to  appear  with  a  shovel  on  the  day  of  instant,  at 
o’clock  in  the  noon,  at  the  dwelling-house  of  G.  H.,  for  the  pur¬ 
pose  of  working  on  the  highways  in  said  district,  under  the  direction  of 
said  A.  B.  as  overseer.  And  that  the  said  C.  D.  neglected  to  appear 
either  in  person,  or  by  an  able-bodied  man  as  a  substitute,  and  has  also 
neglected  to  pay  the  commutation-money  for  said  work  [or  appeared 
pursuant  to  notice,  but  worked  only  hours,  and  then  departed ;  or 
appeared  pursuant  to  notice,  but  remained  idle,  or  did  not  work  faith¬ 
fully,  or  hindered  others  from  working]  and  has  not  rendered  any  sat¬ 
isfactory  excuse  for  such  neglect. 

A.  B. 

Subscribed  and  sworn  the  day  of  before  me 
E.  F.,  Justice  of  the  Peace. 


Complaint  against  a  Person  for  Neglecting  to  furnish  a  Team. 


County,  ] 
Town  of 


ss. 


A.  B.,  overseer  of  highways  for  road  district  No.  in  said  town, 
hereby  makes  complaint  to  E.  F.,  a  justice  of  the  peace  of  said  town, 
that  he  gave  to  C.  D.,  who  resides  in  the  said  district,  and  is  assessed  to 
work  days  on  the  highways  therein,  and  has  a  cart  [or  wagon,  or 
plow],  with  a  pair  of  horses  [or  oxen]  and  a  man  to  manage  them,  and 
who  has  not  commuted  for  his  said  assessment,  twenty-four  hours’  pre¬ 
vious  notice,  to  furnish  on  the  day  of  at  o’clock  in  the 
noon,  at  the  house  of  in  said  district,  a  wagon  with  a  pair  of  horses 
[or  cart  and  oxen]  and  a  man  to  manage  them,  for  the  purpose  of  work¬ 
ing  one  day  on  the  highways  of  said  district,  under  the  direction  of  the  said 
A.  B.  as  overseer  ;  and  the  said  C.  D.  has  neglected  to  furnish  such  wagon 
and  horses  [or  cart  and  oxen]  and  a  man  to  manage  them,  and  has  also 
neglected  to  pay  the  commutation-money  for  said  work,  and  has  not  ren¬ 
dered  any  satisfactory  excuse  to  me  for  such  neglect. 

A.  B. 

Subscribed  and  sworn  to  before  me  this  day  of  18  . 

E.  F.,  Justice  of  the  Peace. 


Summons  to  be  Issued  by  the  Justice  upon  the  Complaint  of  an 
Overseer  against  a  Person  Notified,  for  Refusing  to  Work. 


Town  of 
County  of 


To  any  constable  of  said  town  : 

Whereas  complaint  has  been  made  to  me,  the  undersigned,  a  justice  of 
the  peace  of  said  town,  by  A.  B.,  overseer  of  highways  in  road  district 
No.  in  said  town,  that  C.  D.,  who  resides  in  said  district,  and  is  as¬ 
sessed  for  highway  labor,  and  has  been  duly  notified  to  perform  such 


156 


HOW  TO  BE  YOUR  OWN  LAWYER. 


work,  has  neglected  to  appear  in  pursuance  of  such  notice,  either  in  per* 
son,  or  by  an  able-bodied  substitute,  and  perform  such  labor.  Y  ou  are 
therefore  hereby  commanded,  in  the  name  of  the  people  of  the  State  of 
to  summon  the  said  C.  D.  forthwith  to  appear  before  me  at  my  office 
in  said  town,  to  show  cause  why  he  should  not  be  fined  according  to  law, 
for  such  refusal  or  neglect,  as  in  said  complaint  alleged. 

Given  under  m}r  hand  at  this  day  of  18  . 

[Signature  of]  Justice  of  the  Peace. 


Return  of  Constable. 


Served  personalty  [or  by  leaving  a  copy  at  the  personal  abode  of  the 
within-named  Y.  Z.] 

[Signature  of]  Constable. 

[Date.] 


Conviction  Indorsed  on  the  Complaint 


Town  of 
County  of 


j-ss. 


The  within-named  Y.  Z.,  having  been  duty  summoned  to  appear  be¬ 
fore  me,  to  show  cause  why  a  fine  should  not  be  imposed  on  him  for  the 
offence  charged  in  the  within  complaint,  and  he  not  appearing  [or  having 
appeared],  and  no  sufficient  cause  being  shown  to  the  contrary,  I  hereby 
impose  a  fine  of  upon  the  said  Y.  Z.  for  the  said  offence,  together 
with  costs  of  this  proceeding  against  him. 

Witness  my  hand  this  day  of  18  . 


[Signature  of]  Justice  of  the  Peajce. 


Appeal  to  Commissioners  from  Overseer’s  Assessment. 

To  the  commissioners  of  highways  in  the  town  of  county  of  : 

Take  notice  that  I  hereby  appeal  from  the  assessment  made  by  the 
overseer  of  road  district  No.  for  the  following  reasons  [stating  them]. 

[Signature.] 

[Date.] 


Application  to  Commissioners  to  lay  out  a  Highway  through  Un¬ 
improved  Land,  or  through  Improved  Land  with  the  Consent 
of  the  Owner. 

To  the  commissioners  of  highways  of  the  town  of  in  the  county  of  : 

We;  the  undersigned  [here  insert  names],  persons  liable  to  be  assessed 
for  highway  labor  in  said  town,  and  residing  therein,  hereby  apply  to 
you  to  lay  out  a  new  road  of  the  width  of  rods,  through  land  which 
is  not  inclosed,  improved,  or  cultivated,  except  as  to  land  of  who  con¬ 
sents  to  the  laying  out  of  said  road,  and  has  signified  the  same  by  signing 


HOW  TO  BE  YOLK,  OWN  LAWYER. 


15? 


this  petition,  beginning  at  [here  insert  a  description  of  the  road  by 
courses  and  distances,  or  such  objects  and  boundaries  as  make  the  route 
sufficiently  definite  and  certain]. 

[Signatures.] 


Order  of  Commissioners  to  lay  out  a  Highway  through  Lands  noi 
Inclosed,  Improved,  or  Cultivated,  excepting  in  Part  and  by 
the  Consent  of  the  Owner  of  that  Part. 

At  a  meeting  of  the  commissioners  of  highways  of  the  town  of  in 
the  county  of  at  the  town-house  in  said  town,  on  the  day  of  18 
all  the  said  commissioners  having  met  and  deliberated  on  the  subject  em¬ 
braced  in  this  order  [or  all  the  said  commissioners  having  been  duly  no¬ 
tified  to  attend  the  said  meeting,  for  the  purpose  of  deliberating  upon  the 
subject-matter  of  this  order],  it  is  ordered  and  determined  by  the  said 
commissioners  that  a  highway  be  laid  out  in  the  said  town  of  the  width 
of  rods,  on  the  application  of  A.  B.,  and  by  the  consent  of  through 
whose  improved  land  the  said  highway  is  to  pass  for  a  part  of  the  dis¬ 
tance  ;  the  residue  of  said  highway  being  through  lands  not  inclosed,  im¬ 
proved,  or  cultivated.  And  the  said  commissioners  have  caused  a  survey 
thereof  to  be  made  as  follows  :  [here  insert  the  description]. 

In  witness  whereof  the  undersigned  commissioners  of  highways  of  said 
town  have  hereunto  subscribed  their  names  this  day  of  18  . 

[Signatures  of]  Commissioners. 


Application  to  lay  out  a  Highway  through  Improved  Land  without 
the  Consent  of  the  Owner. 

To  the  commissioners  of  highways  of  the  town  of  in  the  county  of  : 

The  undersigned,  resident  of  the  said  town,  and  liable  to  be  assessed  for 
highway  labor  therein,  hereby  makes  application  to  you,  the  said  com¬ 
missioners,  to  lay  out  a  highway  in  said  town,  commencing  at  [here  in¬ 
sert  a  description  by  courses  and  distances,  or  by  objects  and  boundaries, 
so  as  to  render  the  proposed  route  sufficiently  certain  and  definite],  which 
said  highway  will  pass  through  the  improved  or  [inclosed,  or  cultivated] 
lands  of  R.  S.,  who  does  not  consent  to  the  laying  out  of  the  same. 
Dated  the  day  of  18  . 

A.  B. 

Application  to  Alter  a  Road,  the  Alteration  to  Pass  through  Unim¬ 
proved  and  Uncultivated  Lands,  or  through  Improved  Lands 
by  Consent  of  Owner. 

To  the  commissioners  of  highways  of  the  town  of  county  of  : 

We,  the  undersigned  [here  insert  names],  persons  liable  to  be  assessed 
for  highway  labor  in  said  town,  hereby  apply  to  you  to  alter  the  highway 


158 


HOW  TO  BE  YOUR  OWN  LAWYER. 


[here  designate  what  road,  and  insert  a  description  of  the  proposed  altera¬ 
tion,  so  as  to  render  it  sufficiently  certain  and  definite].  The  proposed 
alteration  passes  through  lands  which  are  not  improved  or  cultivated  [or 
passes  through  the  improved  lands  of  who  consents  thereto  by  signing 
this  petition]. 

[Signatures.] 

[Date.] 

Order  of  Commissioners  to  Alter  Highway. 

At  a  meeting  of  commissioners  of  highways  of  the  town  of  in  the 
county  of  at  in  the  said  town  on  the  day  of  18  all  the  said 
commissioners  having  met  and  deliberated  on  the  subject  embraced  in 
this  order,  it  is  ordered  and  determined  by  the  said  commissioners,  upon 
the  application  and  by  the  consent  of  through  whose  land  the  altera¬ 
tion  hereafter  described  is  to  be  made,  that  the  highway  [designating  it 
and  stating  the  alteration,  e.  g.,  thus  :]  leading  from  the  house  of  to 
the  house  of  in  said  town,  be  altered  according  to  the  following  sur¬ 
vey,  which  the  commissioners  have  caused  to  be  made  thereof,  to  wit : 
The  centre  line  of  the  road  as  altered  is  to  begin  at  the  centre  of  the  pres¬ 
ent  highway,  opposite  and  to  run  thence  [etc.,  etc.],  and  that  the  said 
alteration  be  of  the  width  of  rods. 

In  witness  whereof  the  undersigned  commissioners  of  highways  of  said 
town  have  hereunto  subscribed  their  names  this  day  of  18  . 

[Signatures.]  Commissioners. 

Notice  of  Application  and  of  the  Meeting  of  Freeholders  when  the 
Intended  Highway  is  through  Improved  Land. 

Notice  is  hereby  given  that  the  undersigned  has  made  application  to 
the  commissioners  of  highways  of  the  town  of  in  the  county  of 
for  the  laying  out  of  a  highway,  commencing,  etc.  [insert  description  as 
in  the  application],  and  which  highway  will  pass  through  improved 
land  of  C.  D.  and  of  E.  F.  And  that  on  the  day  of  at  o’clock 
in  the  noon,  at  in  said  town,  twelve  freeholders,  duly  qualified  for 
that  purpose,  will  meet  to  examine  the  ground,  and  to  certify  with  re¬ 
spect  to  the  necessity  and  propriety  of  such  highway. 

Dated  at  the  town  of  this  day  of  18  . 

A.  B. 

Affidavit  to  be  Affixed  to  the  Notice  of  Application. 

County  of  ,  ss. 

A.  B.,  of  in  said  being  duly  sworn,  says,  that  he  caused  notices 
in  writing,  of  which  the  within  is  a  copy,  to  be  posted  up  at  and 
three  of  the  most  public  places  in  said  town,  on  the  day  of  being 
at  least  six  days  before  the  time  specified  therein  for  the  meeting  of  the 
freeholders. 

A.  B. 

Subscribed  and  sworn  to  before  me  this  day  of  18  . 

[Signature  and  title  of  officer.] 


HOW  TO  BE  TOTJR  OWN  LAWYER. 


159 


Certificate  of  Freeholders. 

County,  ) 

Town  op  J  **• 

We,  the  undersigned,  twelve  reputable  freeholders  of  the  said  town, 
not  interested  in  the  lands  through  which  the  road  described  in  the 
annexed  notice  is  to  be  laid,  nor  of  kin  to  any  owner  thereof,  having 
appeared  at  the  time  and  place  specified  in  said  notice,  and  having  been 
duly  sworn,  well  and  truly  to  examine  and  certify  in  regard  to  the 
necessity  and  propriety  of  the  highway  applied  for ;  and  having  pro¬ 
ceeded  to,  and  personally  examined  the  route  of  such  highway,  and 
heard  all  reasons  that  were  offered  for  and  against  laying  out  the  same, 
do  hereby  certify  that  we  are  of  opinion,  that  the  highway  applied  for, 
and  described  in  the  annexed  notice,  is  necessary  and  proper. 

In  witness  whereof,  we  have  hereto  subscribed  our  names,  this 
day  of  in  the  year  18  . 

[Signatures.] 

Agreement  as  to  Damages. 

It  is  hereby  agreed  between  the  commissioners  of  highways  of  the 
town  of  of  the  one  part,  and  C.  D.,  of  the  other  part,  that  the 
damages  sustained  by  the  said  C.  D.,  by  reason  of  the  laying  out  and 
opening  of  a  highway  through  the  lands  of  the  said  C.  D.  on  the  appli¬ 
cation  of  A.  B.  and  others,  by  order  of  the  commissioners,  dated  the 
day  of  be  fixed  and  liquidated  at  the  sum  of  dollars. 

Witness  our  hands  this  day  of  18  . 

[Signatures  of  owner  and  of  commissioners.] 


Assessment  by  Commissioners. 

The  undersigned  having  been  appointed,  by  an  order  of  the  county 
court  of  county,  dated  on  the  application  of  the  commissioners 
of  highways  of  the  town  of  in  said  county,  commissioners  to 
assess  the  damages  occasioned  by  the  laying  out  [or,  altering]  of  a  high¬ 
way  in  the  said  town,  beginning  at  [insert  description],  which  highway 
passes  through  the  improved  lands  of  as  laid  out  by  said  high¬ 
way  commissioners,  by  an  order  dated  :  Now,  therefore,  the  said 
commissioners  having  been  duly  qualified,  and  having  all  met  and  acted 
on  the  said  assessment  at  in  said  town  of  this  day  of 
18  pursuant  to  a  notice  from  said  commissioners  of  highways,  accord¬ 
ing  to  law,  and  having  viewed  the  premises,  and  heard  the  allegations  of 
the  parties  and  the  evidence  of  the  witnesses,  we,  the  undersigned,  there* 
upon  determine  and  assess  the  damages  required  to  be  assessed  on  the 
said  highway,  as  follows  :  the  damage  of  at  dollars. 

[Signatures.]  Commissioners. 

[Date.] 


160 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Summons  by  the  Justice  to  the  Jury. 

TO  ASSESS  DAMAGES  SUSTAINED  BY  OWNERS  OF  LAND. 

County,  } 

Town  of  J  * 

To  any  constable  of  the  town  of  in  the  said  county,  greeting  : 

On  the  application  of  the  commissioners  of  highways  of  the  said  tOMB 
of  to  us,  the  undersigned,  you  are  hereby  directed,  in  the  name  of 
the  people  of  the  State  of  to  summon  twelve  disinterested  free¬ 
holders,  residing  in  some  town  of  said  county  other  than  the  town  of 
aforesaid,  to  appear  at  in  the  said  town  of  on  the  day 
ot  next,  at  o’clock,  in  the  noon,  to  assess  the  damages  sustained 
by  C.  D.,  by  the  laying  out  of  a  highway  through  his  improved  land,  by 
order  of  the  commissioners  of  highways  of  the  said  town  of  dated 
the  day  of  last.  And  have  you  then  there  the  names  of  the 
jurors,  and  this  warrant. 

Given  under  our  hands  this  day  of  18  . 

[Signatures.] 
Justices  of  the  Peace. 

Verdict  of  Jury. 

We,  the  undersigned,  the  jurors  drawn,  summoned,  and  sworn  to  re¬ 
assess  the  damages  for  laying  out  [or  as  the  case  may  be]  the  highway 
[describe  the  highway],  in  pursuance  of  the  order  of  commissioner 
of  highways  in  and  for  the  town  of  bearing  date  the  day  of 
18  ,  having  viewed  the  premises,  and  heard  the  parties,  and  such  wit¬ 
nesses  as  were  offered  before  us,  hereby  reassess  the  damages  aforesaid, 
as  follows  :  To  the  sum  of  dollars,  for  the  damages  sustained  by 
him  by  reason  of  the  laying  out  the  said  highway  ;  to  the  sum  of, 
etc.,  be  awarded. 

In  witness  whereof  we  have  hereunto  set  our  hands  this  day  of 
18  . 

[Signatures  of  the]  Jurors. 


Certificate  of  the  Justice. 


County  of 
Town  of 


I,  A.  B.,  one  of  the  justices  of  the  peace  of  the  said  town  do  certify 
that  the  above  is  the  verdict  of  the  jury  summoned  by  my  summons, 
and  drawn  and  sworn  by  me  to  determine  and  reassess  the  damages  for 
the  laying  out  [or  as  the  case  may  be]  the  highway  mentioned  in  th* 
said  verdict. 


Given  under  my  hand  this  day  of  18  .  „ 

A.  B., 

Justice  of  the  Peace. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


161 


HORSES. 

In  buying  and  selling  horses  it  is  usual  to  speak  of  them  as  sound  and 
kind,  or  unsound  or  vicious. 

If  a  horse  is  bought,  subject  to  a  guarantee  that  he  is  “  kind  and  true 
in  all  harness,”  with  no  mention  of  his  soundness,  he  may  become  in¬ 
curably  lame  within  twenty-four  hours  after  his  purchase,  or  die  of  some 
disease,  which  the  owner  knew  was  in  its  incipiency  when  he  sold  tho 
animal,  and  the  purchaser  has  no  redress. 

A  warranty  that  a  horse  is  “  sound  ”  does  not  cover  any  vices  to  which 
he  may  be  addicted.  He  may  be  a  cribber,  a  wind-sucker,  a  biter,  a 
kicker,  balky,  or  tricky  in  various  ways,  and  at  the  same  time  perfectly 
sound. 

The  purchaser  of  a  horse  who  wishes  to  be  fully  protected,  should 
have  the  warranty  cover  soundness,  kindness,  quietness  in  all  harness, 
and  freedom  from  vices  ;  otherwise,  if  found  deficient,  the  horse  would 
not  be  returnable. 

Many  erroneous  notions  prevail  as  to  the  scope  of  a  warranty.  Not  a 
few  suppose  that  a  warranty  covers  any  disease  or  unsoundness  which 
may  be  discovered  in  the  horse  for  two  or  three  months  after  purchase. 
Such  is  not  the  case,  however,  unless  it  can  be  shown  that  the  disease  or 
unsoundness  began  to  develop  before  the  sale.  In  this  event  the  animal 
would  be  returnable. 

In  general,  it  may  be  stated  that  a  warranty  as  to  soundness  does  not 
extend  into  the  future.  The  seller  warrants  the  horse  to  be  sound  at  the 
time  of  sale.  A  warranty  against  vices,  however,  extends  far  enough 
into  the  future  for  the  new  owner  to  inform  himself  as  to  the  disposition 
of  the  horse. 

A  horse  warranted  to  be  a  quiet  driver  and  found  to  be  such  could  not 
be  returnable  for  a  vice  practiced  out  of  harness.  It  is  best  to  have  a 
warranty  cover  all  points. 

The  following  forms  of  receipts  with  warranty  attached,  may  be  varied 
fo  sui4,  a  variety  of  cases  : 

Receipt  with  Warranty. 

New  York,  Nov .  10,  1884. 

Received  of  William  Wilson  two  hundred  and  fifty  dollars  for  gray 
mare  Jennie,  seven  years  old,  and  warranted  sound,  kind,  and  true  in  all 
harness,  and  free  from  vices. 

(Signed) 


J.  B. 


162 


IIOW  TO  BE  YOUK  OWN  LAWYEE. 


Receipt  with  Qualified  Warranty. 

New  Yoke,  Nov.  10,  1884. 

Received  of  John  Williams  one  hundred  and  twenty-five  dollars  fol 
bay  mare,  nine  years  old,  and  warranted  sound  in  every  way,  except  a 
quarter-crack  in  one  foot. 

(Signed)  A.  B. 

If  found  unsound  in  any  other  particular,  this  horse  would  be  return¬ 
able,  but  could  not  be  returned  if  vicious,  or  for  failure  to  work  in  har¬ 
ness,  as  neither  of  these  points  are  mentioned  in  the  warranty. 

Another. 

New  Yoke:,  Nov.  12,  1884. 

Received  of  John  Jones  seventy-five  dollars  for  roan  horse  Dick, 
twelve  years  old.  Said  horse  has  recently  recovered  from  an  attack  of 
Pink  Eye,  and  I  warrant  him  for  one  month  against  a  return  of  the  dis¬ 
ease,  and  also  warrant  him  kind  and  true  in  all  harness. 

(Signed)  J.  B. 

The  warrant  in  this  receipt  is  against  one  ailment  only,  and  does  not 
hold  good  as  to  any  other  disease  or  against  vices  practiced  out  of 
harness. 

The  purchaser  of  a  horse  should  in  all  cases  insist  on  having  a  written 
warranty  if  he  wishes  to  protect  himself  from  unseen  defects  or  vices. 

If  A  borrows  a  horse  of  B  or  his  servant,  which  runs  away  while  A  is 
driving  it,  and,  in  consequence,  either  the  vehicle  is  broken,  the  horse 
injured,  or  some  personal  damage  is  done,  A  would  be  liable  for  all  in¬ 
jury  or  damage  sustained,  unless  he  could  show  that  the  horse  was 
accustomed  to  run  away,  which  fact  was  known  to  B,  but  not  to  him  at 
the  time  of  borrowing,  and  that  he  was  not  negligent  in  driving.  This 
would  be  a  question  for  a  jury  to  decide. 

The  same  rule  would  hold  good  even  though  A  had  hired  the  horse 
from  B  or  from  a  livery  stable.  If,  however,  B  or  the  livery  man  should 
provide  a  driver,  A  would  not  be  liable. 

Definition  of  Unsoundness. 

If  a  horse  at  the  time  of  the  sale  has  any  disease  which  either  actually 
does  diminish  his  natural  usefulness,  so  as  to  make  him  less  capable  of 
work  of  any  description,  or  which  in  its  ordinary  progress  will  diminish 
his  natural  usefulness,  or  if  the  horse  has  either  from  disease  or  accident 
undergone  any  alteration  of  structure  that  either  does  at  the  time  or  in 
its  ordinary  effects  will  diminish  its  natural  usefulness,  such  horse  is 
unsound. 


HOTELS  AND  BOARDING-HOUSES. 

Hotels  are  required  to  post  a  placard  in  each  room,  requiring  guests 
to  deposit  their  valuables  in  the  safe,  or  the  proprietor  will  not  be 


HOW  TO  BE  YOUR  OWN  LAWYER. 


163 


responsible  for  them ;  but  for  ordinary  articles  of  wearing  apparel  he 
is  responsible  if  the  guest  locks  his  door  and  leaves  the  key  in  the 
office. 

He  has  a  lien  on  the  goods  of  his  guests  for  their  unpaid  bills.  If  he 
sells  such  goods  he  must  give  notice,  and  account  for  any  excess  realized. 

Boarding-house  keepers  generally  have  a  similar  lien  on  the  boarders’ 
goods. 

New  York  State  Law  for  the  Protection  of  Hotel  and  Boarding¬ 
house  Keepers,  passed  February,  1867. 

Every  person  who  shall  at  any  hotel,  inn,  restaurant,  or  boarding¬ 
house  order,  or  cause  to  be  furnished,  any  food,  drink,  or  accommoda¬ 
tion,  with  intent  to  defraud  the  owner  or  proprietor  of  such  hotel,  inn, 
restaurant,  or  boarding-house  out  of  the  value,  or  price  of  such  food, 
drink,  or  accommodation,  in  accordance  with  the  terms  or  custom  of 
such  hotel,  inn,  restaurant,  or  boarding-house,  and  every  person  who 
shall  obtain  at  any  hotel,  inn,  restaurant,  or  boarding-house,  by  the  use 
of  false  pretence  or  device,  either  by  depositing  at  such  place  baggage 
or  property  of  value  less  than  the  amount  of  such  credit,  or  of  the  bill 
by  such  person  incurred  or  otherwise,  and  afterward  abscond  from  such 
hotel,  inn,  restaurant,  or  boarding-house,  or  surreptitiously  remove  such 
baggage  or  deposit,  shall,  upon  conviction,  be  adjudged  guilty  of  a  mis¬ 
demeanor. 

All  baggage  left  by  guests  may  be  sold  at  the  expiration  of  six  months. 

Every  keeper  of  a  hotel  or  inn  shall  post  into  public  and  conspicuous 
place,  in  the  office  or  public  room  and  in  every  bedroom  in  said  house,  a 
printed  copy  of  this  act  and  a  statement  of  the  charges  or  rate  of  charges 
by  the  day,  and  for  meals  furnished,  and  for  lodging.  No  charge  or 
sum  shall  be  collected  or  received  by  any  such  person  for  any  service  not 
actually  delivered,  or  for  a  longer  time  than  the  person  so  charged  actu¬ 
ally  remained  at  such  place.  Eor  any  violation  of  this  section,  or  of  any 
provision  herein  contained,  the  offender  shall  forfeit  to  the  injured  party 
three  times  the  amount  so  charged,  and  shall  not  be  entitled  to  receive 
any  money  for  the  meals,  services,  or  time  charged. 

Act  passed  by  New  York  Legislature ,  May  15,  1876. — The  keeper  of  a 
lx>arding-house  shall  have  the  same  lien  upon  and  right  to  detain  the 
baggage  and  effects  of  any  boarder  to  the  same  extent  and  in  the  same 
manner  as  inn-keepers  have  such  lien  and  right  of  detention  ;  but  noth¬ 
ing  herein  shall  be  deemed  to  give  any  boarding-house  keeper  any  lien 
upon  or  right  to  detain  any  property  the  title  to  which  shall  not  be  in 
such  boarder. 


HUSBAND  AND  WIFE . 

[See  also  “  Rights  of  Married  Women.”] 

The  husband  is  bound  to  provide  his  wife  with  all  the  necessaries  oi 
life  as  far  as  compatible  with  his  means  and  their  position  in  life. 


164 


HOW  TO  BE  YOUR  OWN  LAWYER. 


If  he  furnishes  a  home  for  his  wife,  he  can  not  he  held  for  her  board 
if  she  does  not  occupy  it.  He  can  purchase  and  sell  personal  property 
without  her  consent,  and  can  purchase  real  property,  but  can  not  sell  it 
free  from  her  claims  without  her  consent,  as  she  has  a  dower  right  in  it. 
This  right  of  dower  has  been  abolished  in  some  of  the  States,  and  where 
such  is  the  case  he  can  act  as  freely  with  his  real  as  with  his  personal 
property. 

As  a  general  rule,  the  wife’s  personal  property  belongs  to  the  husband, 
unless  there  is  some  statute  to  the  contrary ;  and  at  common  law,  if  a 
child  is  born  alive  before  the  death  of  the  wife,  he  has  a  life  estate  in  her 
real  property. 

The  rights  of  the  husband  over  the  wife’s  property  depend  largely  on 
the  statutes  of  the  different  States,  and  will  be  further  treated  under  the 
head  of  “  Rights  of  Married  Women.” 

The  wife  can  call  on  the  husband  to  furnish  her  with  the  necessary 
food  and  clothing  according  to  his  means  and  their  position  in  life,  and 
if  he  neglects  or  refuses  to  furnish  them,  she  can  get  them  on  his  ac 
count,  and  he  will  be  bound  to  pay  for  them.  She  is  entitled  to  dower 
in  all  the  real  property  of  which  he  died  seized.  Under  the  common 
law,  by  marriage  the  wife  loses  the  title  to  her  personal  property  and  the 
use  of  her  real  property. 


INSOLVENCY,  BANKRUPTCY,  AND  INSOLVENT  ASSIGNMENT. 

Insolvency  is  the  state  of  one  unable  to  pay  his  debts.  The  power  to 
pass  insolvency  or  bankruptcy  laws  is  in  Congress.  The  national  bank¬ 
ruptcy  law  has  been  repealed,  however,  and  the  insolvency  laws  of  the 
several  States  are  in  force  until  the  enactment  of  another  bankrupt  law 
by  Congress  suspends  them. 

The  design  of  these  laws  is  to  discharge  the  debtor  absolutely  from  his 
debts  upon  his  giving  up  all  his  property  in  good  faith,  to  be  fairly  dis¬ 
tributed  among  his  creditors,  as  did  the  national  bankruptcy  law.  Many 
of  the  States  have  only  assignment  laws  under  which  a  distribution  of 
the  debtor’s  property  is  made,  but  no  discharge  is  granted  ;  but  any 
future  acquired  property  iSj  liable  for  the  debts  or  that  part  of  them  un¬ 
paid.  Of  course,  any  debtor  may  give  a  release  for  his  own  debt  for  a 
percentage  of  it,  and  all  may  likewise  give  releases  that  may  amount  to 
a  general  discharge. 

The  benefits  of  these  laws  are  sought  by  the  debtor  when  he  petitions 
the  proper  court  and  files  an  inventory  of  his  property  and  list  of  his 


HOW  TO  BE  YOUR  OWN  LAWYER. 


105 


debts.  The  creditor  may,  however,  petition  that  he  be  adjudged  a  bank* 
rupt.  The  debtor  moves  first  to  come  under  an  assignment  law,  making 
an  assignment  generally  by  deed  recorded  giving  an  absolute  title  to  an 
assignee  selected  by  him,  but  who  acts  under  the  direction  of  the  court. 
In  the  case  of  bankrupt  and  insolvent  laws,  a  meeting  of  creditors  is 
called,  and  they  elect  the  assignee  by  a  majority,  who  then  goes  on  under 
the  direction  of  the  court,  or  according  to  rules  laid  down  in  the  law. 

The  following  are  all  the  principal  features  of  the  laws  of  the  different 
States : 

Alabama. — Assignments  though  designed  to  give  preferences  inure  to 
the  equal  benefit  of  all  the  creditors.  Proving  claim  and  receiving  divi¬ 
dend  only  operate  pro  tanto  as  a  discharge  of  the  debtor. 

There  are  no  insolvent  laws  except  those  regulating  the  administration 
of  the  insolvent  estates  of  deceased  persons. 

Arizona. — No  laws  on  insolvency. 

Arkansas. — Assignments  are  to  be  executed  to  pay  the  creditors  men¬ 
tioned  in  the  deed,  so  that  preferences  are  allowed.  The  insolvent  laws 
only  provide  for  cases  of  imprisonment. 

California. — Assignments  are  allowed,  but  no  provision  is  made  for 
proof  of  claims  or  discharge.  Preferences  are  not  allowed.  Insol¬ 
vency,  both  voluntary  and  involuntary,  is  fully  provided  for.  Corpora¬ 
tions  are  excepted  from  their  operation,  though  their  property  may  be 
distributed  under  a  decree  of  insolvency. 

No  discharge  is  granted  if  the  debtor  has  been  guilty  of  fraud.  At¬ 
tachments  within  thirty  days  of  the  insolvency  are  void. 

Colorado. — Wages  must  be  paid  by  an  assignee  to  the  amount  of 
$50  if  accruing  within  six  months.  No  other  preference  is  allowed. 

Connecticut. — If  a  creditor  for  a  debt  of  $100  or  more  can  not  find 
sufficient  property  to  attach,  he  may  petition  for  an  assignee,  and  after 
allowance  to  the  debtor’s  family,  distribution  is  made  to  all  creditors 
proving  their  claims,  but  receiving  a  dividend  does  not  discharge  the 
debtor.  Assignments  are  permitted,  the  debtor  appointing  the  assignee 
subject  to  the  approval  of  the  court.  Preferences  are  not  allowed.  Wages 
to  the  amount  of  $100  accruing  within  three  months  are  first  paid. 

Dakota. — Assignments  are  permitted,  but  are  void  if  any  preferences 
are  made.  The  assignment  does  not  discharge  the  assignor  without  the 
consent  of  all  the  creditors.  Attachments  made  before  the  assignment 
are  not  affected  by  it. 

Delaware. — Assignments  are  permitted,  but  not  preferences.  Proving 
claim  and  accepting  a  dividend  does  not  discharge  the  debtor  without  an 
express  release  by  the  creditor. 

District  of  Columbia. — Assignments  may  be  made  giving  preferences, 
but  a  prior  attachment  will  not  be  affected. 

Florida. — An  assignment  may  be  made  with  or  without  preference 
No  discharge  is  given,  the  amount  paid  going  on  account. 


166 


row  TO  BE  YOUR  OWN  LAWYER. 


Georgia. — Assignments  are  permitted,  giving  preferences  if  made  in 
good  faith.  Corporations  and  traders  may  be  wound  up  upon  failure  to 
pay  a  debt.  A  receiver  is  appointed,  who  distributes  to  all  applying  cred¬ 
itors.  The  court  makes  a  suitable  allowance  for  defendant’s  support.  11 
the  surrender  has  been  fair,  a  discharge  is  granted. 

Idaho. — Assignments  are  permitted,  if  of  all  the  insolvent’s  property 
and  for  the  benefit  of  all  the  creditors.  Preferences  are  not  allowed. 
Proving  claim  and  accepting  dividend  discharges  the  debtor.  Mort¬ 
gages,  liens,  and  attachments  remain  good  after  assignment. 

Illinois. — Assignments  are  administered  as  insolvency,  but  no  dis¬ 
charge  is  provided  for.  Preferences  are  not  allowed. 

Indiana. — Any  failing  debtor  may  make  an  assignment  in  good  faith 
of  all  his  property  to  all  his  creditors.  No  release  is  provided  for, 
though  if  the  assignment  is  made  and  accepted,  in  consideration  of  the 
release  of  the  assignor,  it  will  be  valid.  No  mortgage,  judgment,  or 
attachment  prior  to  the  assignment  is  affected. 

Iowa. — General  assignments  must  be  made  to  all  the  creditors,  with¬ 
out  preferences,  though  an  insolvent  may,  in  good  faith,  sell  or  mortgage 
to  one  creditor  and  then  make  a  general  assignment.  An  assignment 
does  not  discharge  the  debtor.  Attachments  hold  in  spite  of  it.  Assess¬ 
ments  and  taxes  must  be  first  paid. 

Kansas. — Assignments  must  be  made  for  the  benefit  of  all  the  creditors. 
The  majority  of  the  creditors  choose  the  assignee.  No  preference  is 
allowed.  The  assignment  applies  only  to  the  property  mentioned.  No 
discharge  can  be  given  unless  each  creditor  personally  consents.  There 
is  no  punishment  for  concealment  or  partial  conveyance  of  property. 

Kentucky. — Assignments  may  not  give  preferences.  Prior  attach¬ 
ments  are  not  affected. 

Louisiana. — Assignments  only  discharge  the  debtor  when  there  is  a 
contract  with  each  creditor  to  that  effect.  A  discharge  in  insolvency 
may  be  obtained,  on  surrender  of  all  property,  with  the  consent  of  a 
majority  of  creditors,  in  number  and  amount. 

Attachments,  etc. ,  are  suspended,  and  come  in  as  other  claims  simply. 

Maine  has  a  regular  bankrupt  law.  The  preferences  given  by  it  are 
costs,  taxes,  wages  $50  if  earned  within  six  months.  Suits  and  arrests 
are  suspended  by  the  insolvency. 

Maryland. — Insolvent  may  have  the  benefit  of  the  law  if  he  delivers 
up  all  his  property.  Or  he  may  be  declared  a  bankrupt  in  case  of  fraud 
or  avoidance  of  his  creditors.  No  preferences  are  allowed  except  those 
which  result  from  operation  of  the  law.  Wages  for  three  months  are 
first  paid.  Discharge  is  granted  when  the  debtor  has  been  guilty  of  no 
fraud. 

Massachusetts. — One  who  owes  $200,  and  one  who  owes  $100,  and 
avoids  or  attempts  to  defraud  his  creditors,  may  come  under  the  act,  the 
first  by  his  own  petition,  the  second  by  that  of  a  creditor. 

Debts  due  the  United  States  are  first  paid,  then  wages  to  the  amount 
of  $100  if  earned  within  one  year,  physicians’  bills,  debts  generally 
are  given  priority  by  law,  and  costs. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


107 


Attachments  within  four  months  are  dissolved.  For  release,  the 
debtor  must  obtain  consent  of  a  majority  of  his  creditors  in  number  and 
value,  or  of  three-fourths  if  it  is  a  second  insolvency,  and  a  third  dis¬ 
charge  will  not  be  granted. 

Michigan. — Assignments  do  not  procure  discharge,  or  have  any  effect 
on  prior  liens,  attachments,  or  mortgages.  The  insolvent  law  is  little 
used,  although  it  provides  a  means  for  the  complete  discharge  of  one’s 
debts. 

Minnesota. — Under  assignments,  the  debts  are  paid  in  the  following 
order :  taxes  and  assessments,  and  debts  due  the  State  or  the  U.  S. 
Wages  earned  within  three  months.  No  discharge  is  given.  Insolvency 
is  decreed  when  an  attachment  can  not  be  raised,  or  is  neglected,  or  if 
the  debtor  attempts  to  defraud  his  creditors.  If  creditors  petition,  it 
must  be  two  representing  $200  of  debt.  Releases  must  be  filed  before  the 
debtor  is  discharged. 

Mississippi. — No  laws.  Assignments  are  administered  by  the  court3 
equitably. 

Missouri. — An  assignment  does  not  discharge  the  debtor,  unless  by 
the  consent  of  all  the  creditors. 

Nebraska. — Assignments  can  give  no  preferences,  except  to  wages  of 
employes,  not  exceeding  $100.  No  discharge  is  granted,  nor  are  prior 
liens  on  the  property  affected. 

Nevada. — Debtors  for  $500,  or  more,  may  go  or  be  put  into  in¬ 
solvency,  in  case  of  an  attachment  being  put  upon  the  property,  or  in 
case  of  fraud  on  the  part  of  the  debtor.  Discharge  may  be  granted  if 
there  is  no  fraud,  and  thirty  per  cent,  has  been  paid,  and  three-fourths 
in  number,  and  one-third  in  amount  if  the  creditors  agree  ;  but  if  it  is 
the  second  time,  fifty  per  cent,  of  the  debts  must  have  been  paid. 

New  Hampshire. — Assignments  must  be  made  of  all  the  debtor’s 
property  to  all  the  creditors,  but  do  not  discharge  the  debtor,  nor  have 
any  effect  on  prior  attachments. 

New  Jersey. — Assignments  must  be  for  the  benefit  of  all  creditors, 
without  preferences,  although  mortgages  and  confessed  judgments  stand, 
if  in  good  faith.  Creditors  that  come  in  and  prove  against  the  debtor 
are  barred,  and  the  debtor  discharged,  but  those  that  do  not  come  in  are 
not  affected.  Wages  are  preferred  debts  to  the  amount  of  $300  for  each 
employe. 

New  Mexico. — No  statute.  An  assignment  does  not  affect  a  prior 
levy. 

New  York. — To  procure  a  discharge,  the  debtor  and  two-thirds  in 
amount  of  his  creditors  must  petition.  Preferences  may  be  given  under 
a  general  assignment.  If  one  partner  absconds  fraudulently,  the  others 
may  assign.  The  debtor  is  not  discharged  under  general  assignment. 

North  Carolina. — An  assignment  in  good  faith  discharges  the 
debtor  from  imprisonment,  but  the  remainder  of  the  debts  shall  be  good 
against  subsequent  property.  Preferences  are  allowed.  Attachments 
prior  to  the  assignment  hold. 


163 


HOW  TO  EE  YOUR  OWN  LAWYER. 


Ohio. — Assignment  does  not  discharge  debtor.  Preferences  are  not 
allowed,  but  a  creditor  may  be  preferred  before  an  assignment.  Priol 
attachments  are  not  affected. 

Oregon. — Assignment  must  be  for  all  the  creditors,  but  does  not 
discharge  the  debtor,  though  it  discharges  all  attachments  not  in  judg¬ 
ment. 

Pennsylvania. — Debtors  may  assign  either  in  whole  or  in  part,  but 
the  distribution  is  among  all  the  creditors  :  miners,  mechanics,  and 
laborers  being  paid  first.  Levies  and  liens  already  on  the  property  are 
unaffected.  No  release  is  given  the  debtor.  Preferences,  conditions, 
and  stipulations  for  release  are  void. 

Rhode  Island. — A  debtor  may  make  an  assignment,  and  suspend 
any  attachment  by  assigning  all  his  property  ;  but  wages  for  labor  per¬ 
formed  within  six  months,  are  preferred  to  the  amount  of  $100.  If  a 
debtor  makes  a  conveyance,  favoring  any  person,  creditors  one-fifth  in 
amount  may  petition,  and  have  his  property  distributed.  Mortgages  and 
other  conveyances,  within  sixty  days,  are  thus  avoided. 

South  Carolina. — Assignments  must  be  for  all  the  creditors,  without 
preference,  except  to  debts  due  the  public,  and  all  transactions  affecting 
the  property  within  ninety  days  before  are  void,  except  liens  for  loans  of 
money  in  good  faith.  A  debtor  is  not  discharged  except  from  arrest. 

Tennessee. — Assignments  may  not  give  preferences,  and  all  convey¬ 
ances  to  that  end  within  three  months  before  are  void,  except  for  a  loan 
of  money  in  good  faith.  No  involuntary  proceedings  against  a  debtor 
are  provided  for.  Prior  attachments  are  unaffected. 

Texas. — Assignments  must  provide  for  the  distribution  of  all  the 
property  among  all  the  creditors,  but  their  benefits  may  be  limited  to 
those  who  will  give  a  discharge  to  the  debtor. 

Utah. — Preferential  assignments  are  allowed,  though  no  discharge  is 
provided  for. 

Vermont. — Assignments  may  be  made  of  any  property  for  all  the 
creditors,  but  no  discharge  had.  There  is  a  regular  bankrupt  law  for 
both  voluntary  and  compulsory  insolvency,  and  providing  a  discharge. 
Attachments  within  sixty  days  of  the  adjudication  of  insolvency  are  dis¬ 
solved.  Preferences  are :  (1)  taxes  and  assessments,  and  debts  due  the 
United  States,  (2)  the  State,  (3)  wages  not  over  $50,  earned  within  six 
months.  Discharges  are  not  granted  if  thirty  per  cent,  is  not  paid,  if  a 
majority  in  number  and  amount  do  not  agree  to  it.  Involuntary  bank¬ 
ruptcy  is  adjudged  for  fraudulent  practices  and  avoidance  of  creditors 
or  after  attachment  not  dissolved,  or  the  stopping  payment  of  any 
trader,  etc. 

Virginia. — There  are  no  insolvent  laws,  but  an  insolvent  may  volun¬ 
tarily  assign  to  a  trustee  for  the  benefit  of  his  creditors  and  may  prefer 
creditors. 

Washington. — Assignments  of  all  the  property  for  all  the  creditor! 
are  allowed,  and  discharge  the  debtor. 

West  Virginia. — Assignments  may  include  any  amount  of  property 


HOW  TO  EE  YOUR  OWN  LAWYER. 


169 


and  give  preferences,  but  do  not  discharge  him  without  they  take  tha 
form  of  deeds  of  composition,  which  stipulates  for  a  release. 

A  general  assignment  will  not  affect  a  prior  attachment. 

Wisconsin. — Preferences  may  he  given  by  assignment,  but  prior  liens 
are  not  affected.  No  discharge  is  given.  A  discharge  may  be  obtained 
in  insolvency  by  giving  up  all  the  debtor’s  property  in  good  faith. 

Wyoming. — Creditors  coming  in  under  an  assignment  are  required  to 
give  a  discharge.  A  prior  levy  is  not  discharged. 

Assignment  by  an  Individual,  mtkcut  Preferences. 

Indenture  made  this  day  of  18  between  A.  B.,  of  party  of 
the  first  part,  and  C.  D.,  of  party  of  the  second  part. 

Whereas  the  party  of  the  first  part  owes  divers  debts,  which  he  is  un¬ 
able  to  pay  in  full,  and  is  desirous  to  provide  for  the  payment  of  the  same, 
as  far  as  in  his  power,  by  an  assignment  of  all  his  property  for  that  purpose. 

Now  this  indenture  witnesseth :  That  the  party  of  the  first  part,  in 
consideration  of  the  premises,  and  of  one  dollar  to  him  paid  before  the 
sealing  and  delivery  of  these  presents,  the  receipt  of  which  is  hereby 
acknowledged,  has  granted,  bargained,  sold,  assigned,  transferred,  and 
set  over,  and  by  these  presents  does  grant,  bargain,  sell,  assign,  transfer, 
and  set  over,  unto  the  party  of  the  second  part,  his  heirs,  executors, 
administrators,  and  assigns,  all  and  singular  the  lands,  tenements,  here¬ 
ditaments,  and  appurtenances,  goods,  chattels,  stocks,  promissory  notes, 
debts,  choses  in  action,  evidences  of  debt,  claims,  demands,  property, 
and  effects  of  every  description  belonging  to  the  party  of  the  first  part, 
wherever  the  same  may  be  situated,  the  same  being  more  fully  and 
particularly  enumerated  and  described  in  a  schedule  thereof  hereto  an¬ 
nexed,  marked  Schedule  A. 

To  have  and  to  hold  the  same,  and  every  part  thereof,  in  trust  for  the 
uses  and  purposes  following  : 

1.  To  take  possession  of  the  said  property,  and  to  sell  and  dispose  of 
the  same,  with  all  reasonable  diligence,  either  at  public  or  private  sale, 
and  for  the  best  prices  that  can  be  obtained  therefor,  and  to  convert  the 
same  into  money  ;  and  also  to  collect  all  such  debts  and  demands  hereby 
assigned,  as  may  be  collectible. 

And  with  and  out  of  the  proceeds  of  such  sales  and  collections  : 

2.  To  pay  and  discharge  all  the  just  and  reasonable  expenses,  costs, 
and  charges  of  executing  this  assignment,  and  of  carrying  into  effect  the 
trust  hereby  created,  including  the  lawful  commissions  of  the  party  of 
the  second  part,  for  his  services  in  executing  the  said  trust. 

3.  To  pay  and  discharge  in  full,  if  the  residue  of  said  proceeds  is  suffi¬ 
cient  for  that  purpose,  all  the  debts  and  liabilities  now  due,  or  to  become 
due,  from  the  said  party  of  the  first  part,  and  which  are  particularly 
mentioned  and  described  in  the  schedule  annexed,  marked  Schedule  B, 
together  with  all  interest  moneys  due  and  to  grow  due  thereon.  And 
if  the  residue  of  the  said  proceeds  shall  not  be  sufficient  to  pay  the  said 
debts  and  liabilities,  and  interest  moneys  in  full,  then  to  apply  the  same, 
so  far  as  they  will  extend,  to  the  payment  of  the  said  debts  and  liabilitiei 
and  interest  moneys,  proportionally  to  their  respective  amounts. 

8 


170 


HOW  TO  BE  YOUR  OWN  LAWYER. 


And  if,  after  payment  of  all  the  costs,  charges,  and  expenses  attending 
the  execution  of  the  said  trust,  and  the  payment  and  discharge  in  full  ol 
all  the  lawful  debts  owing  by  the  said  party  of  the  first  part,  of  any  and 
every  description,  there  shall  be  any  surplus  of  the  said  proceeds  remain¬ 
ing  in  the  hands  of  the  party  of  the  second  part,  then, 

Lastly,  to  repay  such  surplus  to  the  party  of  the  first  part,  his  ex¬ 
ecutors.  administrators,  or  assigns. 

And  for  the  better  and  more  effectual  execution  of  these  presents,  and 
of  the  trusts  hereby  created  and  reposed,  the  party  of  the  first  part  doth 
hereby  make,  constitute,  and  appoint  the  party  of  the  second  part  his 
true  and  lawful  attorney  irrevocable,  with  full  power  and  authority  to 
do,  transact,  and  perform  all  acts,  deeds,  matters,  and  things  which  may 
be  necessary  in  the  premises,  and  to  the  full  execution  of  the  said  trust ; 
and  for  the  purposes  of  said  trust  to  ask,  demand,  recover,  and  receive 
of  and  from  all  and  every  person  and  persons,  all  the  property,  debts,  and 
demands  belonging  and  owing  to  the  party  of  the  first  part,  and  to  give 
acquittances  and  discharges  for  the  same ;  and  to  sue,  prosecute,  defend, 
and  implead  for  the  same  ;  and  to  execute,  acknowledge,  and  deliver  all 
deeds  and  instruments  of  conve}rance  necessary  or  proper  for  the  better 
execution  of  the  trust  hereby  created ;  and  also  for  the  purposes  afore¬ 
said,  or  for  any  of  them,  to  make,  constitute,  and  appoint  one  or  more 
attorneys  under  him,  and  at  his  pleasure  to  revoke  the  same  ;  hereby 
ratifying  and  confirming  whatever  the  said  party  of  the  second  part,  or 
his  substitute,  shall  lawfully  do  in  the  premises. 

And  the  party  of  the  second  part  doth  hereby  accept  the  trust  created 
and  in  him  reposed  by  these  presents  ;  and  doth  for  himself,  his  heirs, 
executors,  and  administrators,  hereby  covenant  and  agree  to  and  with  the 
said  party  of  the  first  part,  his  executors,  administrators,  and  assigns,  that 
he,  the  said  party  of  the  second  part,  will  honestly  and  faithfully,  and 
without  delay,  execute  the  same  according  to  the  best  of  his  skill,  knowl¬ 
edge,  and  ability. 

In  witness  whereof,  the  parties  to  these  presents  have  hereunto  set  their 
hands  and  seals  the  day  and  year  first  above  written. 

A.  B.  [Seal.] 

C.  D.  [Seal.] 

Sealed  and  delivered  in  presence  of 
[Names  of  witnesses.] 


Assignment  by  Co-partner  with  Preferences. 

This  indenture  made  the  day  of  18  ,  between  A.  B.  and  C.  D., 
copartners  under  the  name,  style,  and  firm  of  B.  &  I).,  of  parties  of 
the  first  part,  and  E.  F.,  of  the  same  place,  party  of  the  second  part. 

Whereas  the  said  copartnership  is  justly  indebted  in  sundry  considera¬ 
ble  sums  of  money,  and  has  become  unable  to  pay  and  discharge  the 
same  with  punctuality  or  in  full,  and  the  said  parties  of  the  first  part  are 
now  desirous  of  making  a  fair  and  equitable  distribution  of  all  their 
property  and  effects  among  their  creditors. 

Now,  therefore,  this  indenture  witnesseth  :  That  the  said  parties  of  the 


HOW  TO  BE  YOUR  OWN  LAWYER. 


171 


first  part,  in  consideration  of  the  premises,  and  of  the  sum  of  one  dollal 
to  them  in  hand  paid  by  the  party  of  the  second  part,  the  receipt  whereof 
is  hereby  acknowledged,  have  granted,  bargained,  sold,  released,  as¬ 
signed,  transferred,  and  set  over,  and  by  these  presents  do  grant,  bar 
gain,  and  sell,  release,  assign,  transfer,  and  set  over  unto  the  said  party 
of  the  second  part,  and  to  his  heirs  and  assigns,  forever,  all  and  singular 
the  lands,  tenements,  hereditaments,  and  all  the  goods,  chattels,  mer¬ 
chandise,  bills,  bonds,  notes,  book  accounts,  claims,  demands,  choses  in 
action,  judgments,  evidences  of  debt,  and  property  of  every  name  and 
nature  whatsoever  of  the  said  parties  of  the  first  part. 

To  have  and  to  hold  the  same,  and  every  part  and  parcel  thereof,  with 
the  appurtenances,  to  the  said  party  of  the  second  part,  his  heirs,  execu¬ 
tors,  administrators,  and  assigns. 

In  trust,  nevertheless,  to  and  for  the  following  uses,  intents,  and  pur¬ 
poses — that  is  to  say,  that  the  said  party  of  the  second  part  shall  forth¬ 
with  take  possession  of  all  and  singular  the  lands  tenements,  heredita¬ 
ments,  property,  and  effects  hereby  assigned,  and  sell  and  dispose  of  the 
uame  for  the  best  prices  which  he  shall  be  able  to  obtain,  and  to  convert 
“ihe  same  into  money,  and  shall  also  collect  all  and  singular  said  debts, 
due-bills,  bonds,  notes,  accounts,  claims,  demands,  and  choses  in  action, 
or  so  much  thereof  as  may  prove  collectible,  and  thereupon  execute, 
acknowledge,  and  deliver  all  necessary  conveyances  and  instruments  for 
the  purposes  aforesaid  ;  and  by  and  with  the  proceeds  of  such  sales  and 
collections,  the  said  party  of  the  second  part  shall  first  pay  and  disburse 
all  the  lawful  expenses,  costs,  charges,  and  commissions  of  executing  and 
carrying  into  effect  this  assignment ;  and  by  and  with  the  residue  or  net 
proceeds  and  avails  of  such  sales  and  collections,  the  said  party  of  the 
second  part  shall : 

1.  Pay  and  discharge  in  full  the  debt  due  to  the  firm  of  G.  &  H.,  of 
for  the  sum  of  $ 

2.  By  and  with  the  residue  and  remainder  of  said  net  proceeds  and 
avails,  pay  and  discharge  the  several  and  respective  debts,  bills,  notes,  or 
sums  of  money  due,  or  to  grow  due,  from  the  parties  of  the  first  part  to 
the  persons  designated  in  the  schedule  hereto  annexed,  together  with  such 
interest  as  may  accrue  thereon  ;  and  if  such  net  proceeds  and  avails  shall 
not  be  sufficient  to  pay  the  same  in  full,  then  such  net  proceeds  and  avails 
shall  be  distributed  pro  rata  among  said  persons,  according  to  the  amount 
of  their  respective  claims. 

3.  By  and  with  the  residue  and  remainder  of  said  net  proceeds  and 
avails,  if  any  there  shall  be,  the  party  of  the  second  part  shall  pay  and 
discharge  all  the  other  copartnership  debts,  demands,  and  liabilities 
whatsoever,  now  existing,  whether  due  or  hereafter  to  become  due,  pro¬ 
vided  such  remainder  shall  be  sufficient  for  that  purpose  ;  and  if  not  suf¬ 
ficient,  then  the  same  shall  be  applied  pro  rata  to  the  payment  of  said 
debts,  demands,  and  liabilities,  according  to  their  respective  amounts. 

4.  By  and  with  the  residue  and  remainder  of  said  net  proceeds  and 
avails,  if  any  there  shall  be,  the  party  of  the  second  part  shall  pay  and 
discharge  all  the  private  and  individual  debts  of  the  parties  of  the  first 
part,  or  either  of  them,  whether  due  or  to  grow  due,  provided  such  re¬ 
mainder  shall  be  sufficient  for  the  purpose  ;  and  if  insufficient,  then  the 


172 


HOW  TO  BE  YOUR  OWN  LAWYER. 


same  shall  be  applied  pro  rata ,  share  and  share  alike,  to  the  payment  oi 
said  debts,  according  to  their  respective  amounts. 

And  for  the  better  execution  of  these  presents,  and  of  the  several 
trusts  hereby  reposed,  the  said  parties  of  the  first  part  do  hereby  make, 
nominate,  and  appoint  the  said  party  of  the  second  part  the  true  and 
lawful  attorney  irrevocable  of  them  and  of  each  of  them,  with  full  power 
and  authority  to  do,  transact,  and  perform  all  acts,  deeds,  matters,  and 
things  which  can  or  may  be  necessary  in  the  premises,  as  fully  and  com¬ 
pletely  as  the  said  parties  of  the  first  part,  or  either  of  them,  might  or 
could  do,  were  these  presents  not  executed  ;  and  attorneys,  one  or  more, 
under  him,  to  make,  nominate,  and  appoint,  with  full  power  of  substitu¬ 
tion  and  revocation,  hereby  ratifying  and  confirming  all  and  every  thing 
that  our  said  attorneys,  or  his  attorneys,  shall  do  or  cause  to  be  done  in 
the  premises. 

And  the  party  of  the  second  part  hereby  accepts  the  trust  created  by 
these  presents,  and  covenants  that  he  will  faithfully  perform  the  same. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals. 

A.  B. 

C.  D. 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Names  of  witnesses.] 

[Annex  a  schedule  describing  the  debts  intended  to  be  preferred  in  the 
second  class.] 

Acceptance  by  Assignee. 

I  hereby  accept  the  trust  created  by  the  above  instrument,  and  agioc 
faithfully  to  perform  the  same. 

E.  F. 

[Date.]  - 


INSURANCE. 

Life,  Fire,  and  Marine. 

Insurance,  sometimes  called  Assurance,  is  a  contract  whereby  for  an 
agreed  premium  one  party  undertakes  to  indemnify  the  other  against 
loss  on  a  specified  subject  by  specified  perils. 

The  contract  is  generally  written  or  printed,  and  is  called  a  Policy  of 
Insurance.  The  consideration  is  the  premium  paid  for  the  promise  of 
the  insurers. 

The  insurance  is  usually  effected  through  an  agent. 

Policies  of  insurance  are  not  negotiable,  but  can  be  assigned. 

The  regulations  as  to  assignments  are  usually  found  printed  on  the 
policy. 

Any  person  capable  of  making  a  contract  and  having  an  insurable  in 
terest  in  the  property  can  effect  an  insurance. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


173 


Life  Insurance. 

Life  assurance  is  applicable  mostly  to  human  life,  but  domestic  ani¬ 
mals  in  possession  are  also  insured.  The  application  is  made  by  a  writ* 
ten  document  in  which  questions  are  put,  all  of  which  must  be  answered. 
These  answers  are  considered  warranties.  The  statement  is  made  a  part 
of  the  policy.  A  Life  Policy  excepts  death  by  the  hands  of  justice,  and 
in  many  of  the  States  suicide  is  also  excepted,  unless  the  party  was  in- 
Bane  at  the  time  of  the  act. 

A  life  policy  can  be  assigned,  and  many  are  made  for  that  purpose,  to 
enable  the  insured  to  give  security  to  his  creditor.  The  consent  of  the 
insurers  is  usually  required.  As  a  general  rule  a  policy  takes  effect 
when  the  bargain  is  completed,  even  though  the  policy  has  not  been  de¬ 
livered.  It  terminates  with  the  death  of  the  insured. 

Notice  and  proof  of  death  are  sufficient  to  establish  a  claim.  This  no¬ 
tice  must  be  given  within  a  reasonable  time  after  the  death  of  the  in¬ 
sured. 

Fire  Insurance. 

Fire  insurance  is  upon  buildings  and  on  all  kinds  of  real  and  personal 
property  which  is  subject  to  destruction  or  damage  by  fire. 

The  policy  of  insurance  on  a  building  usually  contains  a  description  of 
the  building  and  the  purposes  for  which  it  is  to  be  used.  The  description 
of  the  property  has  the  force  of  a  warranty,  both  for  the  present  and  the 
future.  The  construction  of  warranties  is  favorable  to  the  insured,  as 
the  insurers  select  their  own  words. 

Mere  alterations  of  the  building,  unless  expressly  prohibited,  do  not  dis¬ 
charge  the  insurers. 

The  insurers  are  discharged  if  the  insured  conveys  his  title  to  the  prop¬ 
erty,  as  the  contract  is  between  the  insurers  and  the  insured  and  passes 
only  by  consent  of  the  insurers. 

Marine  Insurance. 

Marine  insurance  is  effected  on  either  the  ship  and  its  appurtenances, 
the  cargo,  the  freight  earned  by  carrying  the  cargo,  or  the  profits  ex¬ 
pected  to  be  realized,  and  usually  against  fire,  collision,  theft,  robbery, 
barratry,  capture,  general  average,  and  salvage. 

Marine  policies  are  of  two  kinds,  open  and  valued.  An  open  policy 
docs  not  state  the  value  of  the  property  insured,  while  a  valued  one  d  ies. 

The  most  important  warranty  is  the  seaworthiness  of  the  vessel. 


174 


HOW  TO  BE  YOUR  OWN  LAWYER. 


INTEREST. 

Interest  is  the  sum  paid  for  the  use  of  money  or  for  the  detention  of  a 
debt. 

It  is  regulated  by  statute  in  each  State,  except  in  those  which  have  re¬ 
pealed  or  abolished  their  usury  laws  altogether.  Usury  is  the  excess  over 
the  rate  allowed  by  law  for  the  use  of  money. 


The  following  are  the  Laws  of  the  various  States  and  Territories 
on  the  Subject  of  Interest. 

Alabama. — Eight  per  cent,  is  the  legal  rate  allowed.  The  interest  is 
forfeited  for  usury. 

Arizona. — Any  rate  may  be  stipulated  for  in  writing,  but  in  the  ab¬ 
sence  of  an  agreement,  ten  per  cent,  is  the  rate  allowed  by  law. 

Arkansas. — The  legal  rate  is  six  per  cent.,  but  ten  per  cent,  may  be 
contracted  for.  Usurious  contracts  are  void — the  principal  and  interest 
both  being  forfeited  in  case  of  usury. 

California.— The  legal  rate  is  seven  per  cent.,  but  any  rate  may  be 
contracted  for. 

Colorado. — The  legal  rate  is  ten  per  cent.,  but  any  rate  may  be  agreed 
upon. 

Connecticut. — The  legal  rate  is  six  per  cent.,  but  there  is  no  penalty 
for  usury. 

Dakota. — The  legal  rate  is  seven  per  cent.,  but  twelve  may  be  con¬ 
tracted  for.  The  interest  is  forfeited  if  more  than  seven  per  cent,  is 
charged  without  a  contract  or  more  than  twelve  by  contract. 

Delaware. — Six  percent,  is  the  legal  rate.  A  sum  equal  to  the  money 
lent  is  forfeited  for  usury. 

District  of  Columbia. — Six  per  cent,  is  allowed  by  law,  but  ten  per 
cent,  may  be  stipulated  for  in  writing.  Interest  forfeited  if  more  than 
the  legal  rate  or  the  rate  agreed  upon  is  charged. 

Florida. — Eight  per  cent,  is  the  legal  rate,  but  any  rate  may  be  con¬ 
tracted  for. 

Georgia. — Seven  per  cent,  is  the  legal  rate,  but  eight  per  cent,  may  be 
agreed  upon  in  writing.  The  excess  over  the  legal  rate  or  the  rate  agreed 
upon  is  forfeited  for  usury. 

Idaho. — Ten  per  cent,  is  the  legal  rate,  but  eighteen  per  cent,  may  be 
stipulated  for  in  writing.  The  penalty  for  usury  is  three  times  the 
amount  of  money  paid  as  interest — a  fine  of  three  hundred  dollars  or  six 
months’  imprisonment,  or  both. 

Illinois. — Six  per  cent,  is  the  legal  rate,  but  eight  may  be  agreed  upon 
in  writing.  The  entire  interest  is  forfeited  for  usury.  Corporations  car 
not  plead  usury. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


175 


Indiana. — Six  per  cent,  is  the  legal  rate,  hut  eight  per  cent,  may  he 
agreed  upon  in  writing.  All  interest  over  eight  per  cent,  usurious.  All 
interest  over  six  per  cent,  is  illegal  only. 

Iowa. — Six  per  cent,  is  the  legal  rate,  but  ten  per  cent,  may  be  agreed 
upon  in  writing.  Ten  per  cent,  of  the  debt  is  forfeited  for  usury. 

Kansas. — Seven  per  cent,  is  the  legal  rate,  but  twelve  per  cent,  may  be 
stipulated  for  in  writing.  All  payments  of  usury  may  be  deducted  from 
the  principal  debt  if  it  remains  unpaid. 

Kentucky. — Six  per  cent,  is  the  legal  rate.  Any  excess  over  six  per 
cent,  is  void  for  usury. 

Louisiana. — Five  per  cent,  is  the  legal  rate,  but  eight  per  cent,  may  be 
stipulated  for.  A  higher  rate  may  be  charged  if  embodied  in  the  face  of 
the  instrument  or  as  discount,  but  no  higher  rate  can  be  stipulated  to  be 
paid  after  maturity  of  the  obligation,  and  if  any  stipulation  of  this  char¬ 
acter  is  made,  the  whole  interest  is  forfeited. 

Maine. — Six  per  cent,  is  the  legal  rate,  but  any  rate  may  be  agreed 
upon  in  writing. 

Maryland. — Six  per  cent,  is  the  legal  rate.  The  excess  over  the  legal 
rate  is  forfeited  for  usury. 

Massachusetts. — Six  per  cent,  is  the  legal  rate,  but  any  rate  may  be 
contracted  for  in  writing. 

Michigan. — Seven  per  cent,  is  the  legal  rate,  but  ten  per  cent,  may  be 
contracted  for  in  writing.  The  excess  over  the  legal  rate  or  the  rate 
agreed  upon  is  forfeited  for  usury,  but  can  not  be  recovered  back  if  it  has 
been  paid. 

Minnesota. — Seven  per  cent,  is  the  legal  rate,  but  ten  per  cent,  may 
be  contracted  for  in  writing.  Any  excess  over  the  legal  rate  or  the  rate 
agreed  upon  may  be  recovered  back  with  the  costs  of  the  action  if  the 
action  be  within  two  years  after  payment  of  same. 

Mississippi. — Six  per  cent,  is  the  legal  rate,  but  ten  per  cent,  may  be 
contracted  for  in  writing.  The  whole  interest  is  forfeited  for  usury. 

Missouri. — Six  per  cent,  is  the  legal  rate,  but  ten  per  cent,  may  be 
contracted  for  in  writing.  The  penalty  for  usury  is  the  forfeiture  of  the 
interest. 

Montana. — Ten  per  cent,  is  the  legal  rate.  Any  rate  may  be  stipu¬ 
lated  for.  There  is  no  usury  law. 

Nebraska. — Seven  per  cent,  is  the  legal  rate,  but  ten  per  cent,  may  be 
agreed  upon. 

Nevada. — Ten  per  cent,  is  the  legal  rate,  but  any  rate  may  be  con¬ 
tracted  for  in  writing. 

New  Hampshire. — Six  per  cent,  is  the  legal  rate,  unless  a  lower  rate 
is  stipulated.  The  excess  over  the  legal  rate  only  is  forfeited. 

New  Jersey. — Six  per  cent,  is  the  legal  rate.  Usury  is  punished  by 
forfeiture  of  interest  and  costs  of  action. 

New  Mexico. — Six  per  cent,  is  the  legal  rate,  but  twelve  percent,  may 
be  agreed  upon.  Usury  works  forfeiture  of  the  excess  over  the  lega 
rate  or  rate  agreed  upon  only. 


176 


HOW  TO  BE  YOUR  OWN  LAWYER. 


New  York. — Six  per  cent,  is  the  legal  rate.  The  excess  over  the  legal 
rate  may  be  recovered.  Usury  is  punishable  by  a  fine  of  $1,000,  or  six 
months’  imprisonment,  or  both.  No  corporation  can  plead  the  defence 
of  usury. 

North  Carolina. — Six  per  cent,  is  the  legal  rate,  but  eight  per  cent, 
may  be  stipulated  for  in  writing.  The  entire  interest  is  forfeited  for 
usury. 

Ohio. — Six  per  cent,  is  the  legal  rate,  but  eight  per  cent,  may  be  con¬ 
tracted  for  in  writing.  The  excess  over  six  per  cent,  is  void  for  usury. 

Oregon. — Eight  per  cent,  is  the  legal  rate,  but  ten  per  cent,  may  be 
contracted  for.  Usury  forfeits  the  original  sum  lent. 

Pennsylvania. — Six  per  cent,  is  the  legal  rate.  Usurious  interest  may 
be  recovered  back  if  paid. 

Rhode  Island. — Six  per  cent,  is  the  legal  rate,  but  any  rate  may  be 
agreed  upon. 

South  Carolina. — Seven  per  cent,  is  the  legal  rate,  but  any  rate  may 
be  contracted  for  in  writing. 

Tennessee. — Six  per  cent,  is  the  legal  rate.  Usurious  interest  may  be 
recovered  back. 

Texas. — Eight  per  cent,  is  the  legal  rate,  but  twelve  per  cent,  may  be 
contracted  for.  All  interest  is  forfeited  for  usury. 

Utah. — Ten  per  cent,  is  the  legal  rate,  but  any  rate  may  be  agreed 
upon. 

Vermont. — Six  per  cent,  is  the  legal  rate.  The  excess  over  the  legal 
rate  is  forfeited  for  usury. 

Virginia. — Six  per  cent,  is  the  legal  rate.  All  interest  is  forfeited  for 
usury. 

Washington  Territory. — Ten  per  cent,  is  the  legal  rate,  but  any 
rate  may  be  agreed  upon  in  writing. 

West  Virginia. — Six  per  cent,  is  the  legal  rate.  Excess  can  not  be  re¬ 
covered  back  if  the  defence  of  usury  is  made.  Incorporated  companies 
may  borrow  at  a  higher  rate. 

Wisconsin. — Seven  per  cent,  is  the  legal  rate,  but  ten  per  cent,  may  be 
contracted  for  in  writing. 

Wyoming  Territory. — Twelve  per  cent,  is  the  legal  rate,  but  any 
rate  may  be  agreed  upon  in  writing. 


LANDLORD  AND  TENANT. 

[See  also  Leases.] 

The  term  “  Landlord  and  Tenant  ”  is  used  to  denote  the  relation  which 
exists  by  reason  of  a  contract,  expressed  or  implied,  between  two  or  more 


HOW  TO  BE  YOUR  OWN  LAWYER.  177 

persons  for  the  possession  or  occupation  of  lands,  houses,  or  tenements, 
either  for  a  certain  fixed  time,  for  life  or  at  will. 

The  instrument  for  creating  and  defining  this  relation  is  called  a  lease, 

It  is  not  necessary  that  the  contract  for  hiring  real  estate  he  reduced  to 
writing  if  it  does  not  exceed  one  year. 

The  relation  of  landlord  and  tenant  is  implied  whenever  there  is  an 
ownership  of  land  in  one,  and  an  occupation  of  it  by  permission  by  an¬ 
other. 

The  existence  of  this  relation  may  be  inferred  by  receiving  rent  from 
the  occupant. 

If  there  is  a  lease,  the  rights  and  obligations  of  the  parties  are  regarded 
as  commencing  from  the  date  of  the  lease  if  no  other  time  has  been 
agreed  upon,  or  from  the  delivery  of  the  papers.  If  the  lease  be  oral,  it 
will  go  into  effect  from  the  day  the  tenant  enters  and  takes  possession. 
The  right  of  possession  remains  in  the  landlord  until  the  tenant  enters, 
when  the  right  passes  over  to  him,  and  remains  in  him  during  his 
tenancy. 

The  landlord  can  bring  an  action  for  any  permanent  injury  to  his  prop¬ 
erty,  such  as  destroying  fences,  cutting  timber,  or  breaking  doors  and 
windows.  He  can  go  on  the  premises  for  the  purpose  of  making  repairs 
and  demanding  rent,  but  must  use  no  force  to  effect  an  entrance. 

The  landlord  is  not  liable  for  any  injury  which  may  result  to  a  stranger 
or  to  his  property  from  neglect  to  repair,  unless  he  expressly  agreed  to 
keep  the  premises  in  repair. 

If  the  landlord  agrees  to  repair,  and  fails  to  do  so,  the  tenant  can  not 
quit  and  discharge  himself  from  payment  of  rent  unless  it  is  agreed  be 
tween  the  parties  that  a  failure  to  repair  on  the  part  of  the  landlord  is  to 
have  such  effect.  The  agreement  to  pay  rent  and  the  agreement  to  re¬ 
pair  are  independent  of  each  other.  The  landlord  can  not  violate  the 
rights  of  his  tenant  by  a  sale  of  the  property. 

The  tenant  is  entitled  to  quiet  possession  of  the  premises,  and  it  is  the 
duty  of  the  landlord  to  see  that  he  is  not  disturbed  by  one  having  a  bet¬ 
ter  title.  The  landlord  must  not  disturb  the  tenant.  Unless  it  is  other¬ 
wise  agreed  upon,  the  landlord  must  pay  the  taxes  and  assessments  on 
the  premises. 

The  landlord  is  under  no  obligation  to  repair  unless  he  expressly  agrees 
to  do  so,  nor  can  the  tenant  make  the  repairs  at  the  expense  of  the  land¬ 
lord. 

After  the  tenant  has  entered,  the  right  of  possession  passes  to  him  and 
he  can  bring  an  action  against  any  person  who  trespasses  on  his  prem 
8* 


ITS 


HOW  TO  BE  YOUR  OWN  LAWYER. 


ises,  or  disturbs  him  in  his  possession  of  them.  He  is  obliged  to  repair 
fences  and  public  roads,  and  is  liable  for  injury  which  may  result  from 
their  ruinous  condition. 

The  tenant  must  so  manage  his  property  that  others  are  not  injured 
by  it. 

He  must  do  the  property  no  substantial  injury,  and  is  bound  to  make 
general  repairs  without  an  agreement,  and  must  keep  the  premises  in 
tenantable  condition.  He  must  keep  the  buildings  wind  and  water  tight, 
keep  the  fences  in  repair,  and  replace  doors  and  windows  broken  during 
his  occupation.  He  is  not  answerable  for  ordinary  wear  and  tear,  nor  is 
he  compelled  to  put  a  new  roof  on  a  building. 

The  tenant  of  a  farm  is  bound  without  express  covenant  to  manage 
and  cultivate  it  in  a  good  and  husbandlike  manner,  and  to  repair  the 
fences  and  to  keep  the  dwelling-house  in  repair.  The  outbuildings  and 
erections  on  the  farm  must  be  repaired  and  kept  up  by  the  landlord  or 
the  tenant,  according  to  the  custom  of  the  country  where  the  farm  is 
situated. 

The  tenant  must  preserve  the  timber  and  ornamental  trees 

His  chief  duty  is  to  pay  rent,  and  it  is  no  answer  to  a  demand  for  rent 
that  the  premises  are  not  in  a  fit  and  proper  state  for  the  purposes  for 
which  they  were  hired.  In  the  absence  of  a  particular  agreement  be¬ 
tween  the  parties,  the  tenant  pays  for  the  time  he  has  had  possession  of 
the  premises.  If  he  is  deprived  of  possession  by  a  person  having  a  title 
superior  to  that  of  his  landlord,  or  if  his  occupation  of  the  premises  is 
rendered  so  uncomfortable  by  acts  on  the  part  of  the  landlord  as  to  jus¬ 
tify  his  removal,  he  can  not  be  forced  to  pay  rent. 

If  the  tenant  substitutes  another  tenant  in  his  stead  without  the  consent 
of  the  landlord,  he  is  still  liable  for  the  paj^ment  of  rent. 

A  tenancy  for  life  terminates  at  the  death  of  the  life  tenant. 

If  a  person  enters  into  possession  with  the  consent  of  the  landlord,  but 
without  any  express  bargain,  he  becomes  a  tenant  at  will. 

A  tenancy  at  will  may  be  determined  by  the  will  of  either  party. 

Either  party  is  entitled  to  reasonable  notice  before  the  tenancy  can  be 
terminated. 

It  is  a  general  rule  that  in  the  absence  of  statutes  notice  mu3t  cover 
the  whole  of  one  of  the  regular  intervals  between  payments. 

A  notice  of  but  one  montli  is  sufficient  in  New  York. 

A  tenancy  from  year  to  year  can  only  be  terminated  by  a  similar  no* 
tice  and  for  a  like  time. 

Where  the  lease  is  for  a  definite  period,  no  notice  is  necessary.  Nr 
particular  form  of  notice  is  necessary. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


179 


In  a  notice  to  quit  there  must  be  a  reasonable  certainty  in  the  descrip¬ 
tion  of  the  premises  of  the  parties  and  in  the  statement  of  the  time  when 
the  tenant  must  quit.  A  tenancy  may  be  terminated  by  a  purchase  of 
the  property  by  the  tenant,  and  also  by  a  surrender  of  the  lease  by  the 
tenant  and  an  acceptance  of  it  by  the  landlord. 

After  the  tenancy  has  ended,  the  landlord  may  re-enter  upon  the  prem¬ 
ises  if  he  can  do  so  without  violence. 

If  the  tenant  holds  over,  the  landlord  should  call  in  the  law  to  assist 
him  in  getting  possession. 

The  tenant  must  yield  up  quiet  possession. 

If  a  tenant’s  estate  is  terminated  by  an  uncertain  event,  as,  for  instance, 
if  he  is  a  tenant  at  wfill  or  from  year  to  year,  he  is  entitled  to  the  crops 
growing  at  the  time  of  the  termination  of  the  tenancy. 

Whatever  the  tenant  erects  on  the  premises  with  the  consent  of  the 
landlord,  he  can  take  away  with  him.  Whatever  he  erects  with  the  con¬ 
sent  of  the  landlord  for  the  purpose  of  improving  the  premises,  he  can 
remove  at  the  expiration  of  his  tenancy.  In  general  it  may  be  said  that 
whatever  he  has  erected  during  his  occupation  for  his  comfort,  profit,  or 
convenience,  he  may  remove,  if  he  can  do  so  without  injuring  the  prem¬ 
ises,  unless  he  has  so  connected  it  with  the  premises  as  to  become  a  part 
thereof. 

Notice  to  Quit  by  a  Landlord  to  a  Tenant  from  Year  to  Year. 

I  hereby  give  you  notice  to  quit  and  deliver  up,  on  the  day  of 
next  (if  the  current  year  of  your  tenancy  expires  on  that  day,  or  other¬ 
wise  on  the  day  on  which  the  current  year  of  your  tenancy  will  expire, 
next  after  the  end  of  half  a  year  [or,  of  a  quarter  year  ;  or,  of  a  month] 
from  the  time  of  your  being  served  with  this  notice),  the  possession  of 
the  messuage  [here  briefly  describe  the  property]  which  you  now  hold  of 
me  as  a  yearly  tenant.  [Signature  of  landlord.] 

[Date.] 

[Address  to  tenant.] 

Notice  to  Quit,  by  Tenant  from  Year  to  Year,  to  Landlord. 

I  hereby  give  you  notice,  that  I  shall  quit  and  deliver  up,  on  the 
day  of  next  (if  the  current  year  of  my  tenancy  expires  on  that  day, 
or  otherwise  on  the  day  on  which  the  current  year  of  my  tenancy  will 
expire  next  after  the  end  of  half  a  year  [or,  a  quarter  year ;  or  of  a 
month],  from  the  time  of  your  being  served  with  this  notice),  the  pos¬ 
session  of  the  messuage  [here  briefly  describe  the  property]  which  I  now 
hold  of  you  as  a  yearly  tenant.  [Signature  of  the  tenant.] 

[Date.] 

[Address  to  the  landlord.] 


180 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Notice  to  Terminate  a  Lease. 

I  hereby  give  you  notice,  that  in  pursuance  of  the  power  for  this  pur¬ 
pose  given  to  me  by  the  indenture  of  lease,  dated  the  day  of 
and  made  between  you,  of  the  one  part,  and  me,  of  the  other  part,  it  ia 
my  intention  to  determine  the  lease  thereby  made,  on  the  day  of 
next,  and  I  shall  therefore  quit  and  deliver  up  possession  to  you  [or,  re¬ 
quire  you  to  quit  and  deliver  up  possession  to  me]  of  the  messuage  [etc., 
here  briefly  describe  the  premises]. 

[Signature.] 

[Date.] 

[Address.] 


Notice  to  Tenant  -who  has  Deserted  the  Demised  Premises. 

Please  take  notice,  that,  at  the  request  of  your  landlord,  and  upon 
due  proof  made  to  me  that  he  had  demised  to  you  the  premises  upon 
which  this  notice  is  affixed,  and  that  you  were  in  arrear  for  one  quarter’s 
rent,  amounting  to  dollars,  and  that  you  had  deserted  the  premises, 
leaving  such  rent  in  arrear,  and  had  left  them  unoccupied  and  unculti¬ 
vated  ;  I  have  viewed  the  said  premises,  and  am  satisfied,  upon  such 
view,  that  the  same  have  been  so  deserted  :  therefore,  you  are  hereby  re¬ 
quired  to  appear,  on  the  day  of  18  at  o’clock  in  the  noon, 
at  the  place  where  this  notice  is  affixed,  and  pay  the  rent  due,  or  the  land¬ 
lord  will  be  put  in  possession  of  the  premises. 

[Signature  of]  Justice  of  the  Peace. 

[Date.] 

[Address  to  tenant.] 


Affidavit  to  Remove  a  Tenant  at  Will. 

County  of  ,  ss. 

A.  B.,  of  in  said  county,  being  duly  sworn,  says,  that  since  the 
day  of  in  the  year  18  Y.  Z.,  of  has  held  and  occupied  the 
[here  designate  the  premises  definitely],  as  the  tenant  of  this  deponent, 
and  at  his  will,  and  without  any  certain  time  agreed  on  for  the  termina¬ 
tion  of  said  tenancy.  And  this  deponent  caused  a  notice  in  writing  to 
be  served  on  the  said  Y.  Z.,  in  due  form  of  law,  on  the  day  of 
last,  requiring  him  to  remove  from  said  premises  within  one  from 
the  day  of  service  thereof.  That  the  said  time  has  expired,  and  that  the 
said  Y.  Z.  or  his  assigns,  hold  over  and  continue  in  possession  of  the  said 
premises  after  the  expiration  of  said  time,  without  the  permission  of  thin 
deponent. 

[Signatures 

Sworn  to  before  me,  this  day  of  18  . 

[Name  and  title  of  officer.] 


HOW  TO  EE  YOUR  OWN  LAWYER. 


181 


LAW  OF  PLACE . 

The  laws  of  a  State  have  no  force  beyond  the  limits  of  the  State  b^ 
which  they  are  made. 

The  officers  of  a  State  whose  laws  are  broken  can  not  go  into  another 
State  and  bring  back  the  offender  without  the  consent  of  that  State.  All 
such  acts  which  are  without  the  consent  of  the  foreign  State  are  illegal 

All  laws  duly  made  and  published  by  a  State  are  binding  on  all  per 
sons  and  property  within  the  State.  A  contract  if  valid  where  made  is 
valid  everywhere,  and  the  contrary  also  holds  good,  that  if  it  is  void 
where  made  it  is  void  everywhere. 

As  a  general  rule,  contracts  in  relation  to  personal  property  are  con¬ 
strued  according  to  the  laws  of  the  place  where  they  were  made ;  but 
contracts  in  relation  to  real  property  are  construed  according  to  the  laws 
of  the  place  where  the  property  is  situated. 

In  the  case  of  inheritances  the  law  of  the  domicile  governs. 

Contracts  are  made  where  they  are  accepted. 

The  place  of  a  contract  depends  on  which  party  proposed  and  which 
accepted. 

The  interest  to  be  paid  is  either  that  of  the  place  where  the  contract  is 
made,  or  where  it  is  to  be  performed. 

In  general,  when  a  contract  is  made  in  one  place  to  be  performed  in  an¬ 
other,  the  law  of  the  place  of  performance  or  payment  governs. 

Wills  are  governed  by  the  law  of  domicile  at  the  time  of  the  death  of 
the  testator. 

As  a  general  rule  it  may  be  stated  that  a  marriage  valid,  where  con¬ 
tracted,  is  valid  everywhere. 

Generally  a  divorce  granted  in  a  State  where  both  parties  had  their 
actual  domicile,  and  were  married,  is  valid  everywhere.  Courts  can  not 
pronounce  sentence  against  an  absent  defendant  which  will  be  binding 
outside  of  their  State. 


LEASES. 

[See  also  Landlord  and  Tenant.] 

A  lease  is  a  contract  for  the  possession  and  profits  of  lands  and  tene¬ 
ments,  either  for  life  or  for  a  certain  fixed  time,  or  during  the  pleasure  of 
the  parties. 

Leases  must  be  drawn  and  signed  in  duplicate,  each  party  retaining  a 

copy. 


182 


HOW  TO  BE  YOUR  OWN  LAWYER. 


The  party  making  the  lease  is  called  the  lessor ;  he  to  whom  it  is  made 

the  lessee. 

A  lease  must  be  for  a  shorter  period  than  the  duration  of  the  lessor's 
interest  in  the  land. 

The  formal  parts  of  a  lease  by  deed  are  the  date,  the  names  of  the 
parties,  the  consideration,  the  description  of  the  premises,  and,  lastly 
express  covenants,  if  any,  are  to  be  inserted. 

Leases  generally  have  a  forfeiture  clause  in  case  the  tenant  refuses  to 
pay  rent  or  breaks  any  of  the  covenants.  The  forfeiture  clause  permits 
the  landlord  to  re-enter  and  eject  the  tenant. 

If  the  lease  is  for  a  period  exceeding  one  year  it  should  be  in  writing, 
and  the  parties  should,  as  a  general  rule,  have  it  recorded.  ' 

Leases  of  agricultural  lands  for  more  than  twelve  years  are  prohibited 
in  the  State  of  New  York. 

If  it  is  intended  that  the  lessee  shall  insure  the  premises,  there  should 
be  a  covenant  to  that  effect  on  his  part,  which  should  state  in  whose  name 
the  insurance  is  to  be  effected,  and  for  what  amount.  Obligations  to 
repair  depend  on  the  terms  of  the  lease.  The  lessee  must  keep  the  prem¬ 
ises  in  as  good  a  state  of  repair  as  when  he  took  possession,  subject,  how¬ 
ever,  to  the  ordinary  wear  and  tear.  He  is  not  obliged  to  improve  a 
dilapidated  building. 

The  lessee  is  not  obliged  to  rebuild  a  building  which  has  been  accident¬ 
ally  destroyed  by  fire. 

If  a  lessee  enters  into  a  general  covenant  to  repair  without  making  any 
exceptions,  he  is  bound  to  restore  any  building  which  may  be  destroyed 
by  tempest,  lightning,  fire,  or  other  accident. 

Leases  usually  contain  a  covenant  by  the  lessee  not  to  assign  or  under¬ 
let  without  the  consent  of  the  lessor. 

A  lease  may  be  terminated  at  any  time  before  the  expiration  of  the 
term,  if  the  premises  are  taken  for  public  uses,  or  are  wholly  destroyed, 
or  are  used  for  purposes  of  ill-fame.  The  same  result  would  follow 
should  the  tenant  purchase  the  property. 

1.— Agreement  for  a  Lease. 

This  agreement,  made  this  day  of  in  the  year  eighteen  hundred 
and  between  A.  B.,  of  and  C.  D.,  of  witnesseth  :  That  A.  B. 
agrees,  by  indenture,  to  be  executed  on  or  before  the  day  of  next, 
to  demise  and  let  to  the  said  C.  D.  a  certain  house  and  lot  in  known 
as  No.  in  street,  to  hold  to  the  said  C.  D.,  his  executors,  adminis¬ 
trators,  and  assigns,  from  the  day  of  aforesaid,  for  and  daring 
the  term  of  years,  at  or  under  the  clear  yearly  rent  of  dollar^ 


HOW  TO  BE  YOUR  OWN  LAWYER. 


183 


payable  quarterly.  In  which  lease  there  shall  be  contained  covenants 
on  the  part  of  the  said  C.  D.,  his  executors,  administrators,  and  assigns, 
to  pay  the  rent,  (except  in  case  the  premises  are  destroyed  by  fire,  the 
rent  is  to  cease  until  they  are  rebuilt  by  the  said  A.  B.,)  to  repair  the 
premises,  (except  damages  by  fire,)  not  to  carry  on  any  offensive  business 
on  the  same,  (except  by  written  permission  of  the  said  A.  B.  ;)  to  deliver 
the  same  up  at  the  end  of  the  term,  in  good  repair,  (except  damaged  by 
fire,  aforesaid ;)  with  all  other  usual  and  reasonable  covenants,  and  a 
proviso  for  the  re-entry  of  the  said  C.  D.,  his  heirs  and  assigns,  in  case 
of  the  non-payment  of  the  rent  for  the  space  of  days  after  either  of 
the  said  rent-days,  or  the  non-performance  of  any  of  the  covenants. 
And  there  shall  also  be  contained  covenants  on  the  part  of  the  said  A.  B., 
his  heirs  and  assigns,  for  quiet  enjoyment ;  to  renew  said  lease  at  the 
expiration  of  said  term,  for  a  further  period  of  years  at  the  same 
rent ;  and  that  in  case  of  an  accidental  fire,  at  any  time  during  the  term, 
the  said  A.  B.  will  forthwith  proceed  to  put  the  premises  in  as  good 
repair  as  before  such  fire,  the  rent  in  the  meantime  to  cease.  And  the 
said  C.  D.  hereby  agrees  to  accept  such  lease  on  the  terms  aforesaid. 
And  it  i3  mutually  agreed,  that  the  cost  of  this  agreement,  and  of  making 
and  recording  said  lease,  and  a  counterpart  thereof,  shall  be  borne  by 
the  said  parties  equally. 

As  witness  our  hands  and  seals,  the  day  and  year  first  above  written. 

A.  B.  [l.  s.l 
C.  D.  [l.  s.] 

In  presence  of 
E.  F. 

?.- Landlord's  Certificate  of  Renting  -when  Tenant  Covenants  not 
to  Underlet  nor  Occupy  for  Certain  Business. 

This  is  to  certify,  that  I  have  let  and  rented  unto  A.  B.,  of  county 
of  State  of  [here  insert  a  brief  description  of  the  premises],  for 
the  term  of  from  the  day  of  18  at  the  yearly  rent  of  dollars 
payable  in  equal  [here  insert  times  when  payments  are  to  be  made, 
whether  monthly ,  quarterly,  or  yearly,  and  the  amount  of  each  payment]. 
The  premises  above  mentioned,  or  any  part  thereof,  shall  not  be  let  or 
underlet  without  the  written  consent  of  the  landlord,  under  penalty  of 
forfeiture  and  damages  ;  nor  shall  the  same  be  used  or  occupied  for  any 
business  deemed  extra  hazardous  on  account  of  fire,  without  the  like 
consent,  under  the  like  penalty. 

Given  under  hand  and  seal  the  day  of  18  . 

C.  D. 

3— Tenant’s  Certificate  of  Hiring. 

This  is  to  certify,  that  I  have  hired  and  taken  from  C.  D.,  of 
county  of  State  of  [here  insert  a  brief  description  of  the  premises], 
for  the  term  of  from  the  day  of  18  ,  at  the  yearly  rent  of 

dollars,  payable  in  equal  [here  insert  times  when  payment  is  to  be  made, 
whether  monthly,  quarterly,  or  yearly,  and  the  amount  of  each  pay 


184 


HOW  TO  BE  YOUR  OWN  LAWYER. 


ment].  And  I  hereby  promise  to  make  punctual  payment  of  the  rent  in 
manner  aforesaid,  and  to  quit  and  surrender  the  premises  at  the  expira¬ 
tion  of  said  term,  in  as  good  state  and  condition  as  reasonable  use  and 
wear  thereof  will  permit,  damages  by  the  elements  excepted,  and  engage 
not  to  let  or  underlet  the  whole  or  any  part  of  the  said  premises,  without 
the  written  consent  of  the  landlord,  under  the  penalty  of  forfeiture  and 
damages  ;  and  also  not  to  use  or  occupy  the  said  premises  for  any  busi¬ 
ness  deemed  extra  hazardous,  on  any  account  of  fire,  without  the  like 
consent,  under  the  like  penalty. 

Given  under  hand  and  seal  the  day  of  18  . 

A.  B. 

4.— Security  for  Rent. 

In  consideration  of  the  letting  of  the  premises  above  described,  and 
for  the  sum  of  one  dollar,  I  do  hereby  become  surety  for  the  punctual 
payment  of  the  rent,  and  performance  of  the  covenants,  in  the  above 
written  agreement  mentioned,  to  be  paid  and  performed  by  A.  B.,  and  if 
default  shall  be  made  therein,  I  hereby  promise  and  agree  to  pay  unto 
C.  D.  such  sum  or  sums  of  money  as  will  be  sufficient  to  make  up  such 
deficiency,  and  fully  satisfy  the  conditions  of  the  said  agreement,  without 
requiring  any  notice  of  non-payment,  or  proof  of  demand  being  made. 

Given  under  hand  and  seal  the  day  of  18  . 

E.  F. 

5.— Lease  of  Part  of  a  House. 

This  indenture  entered  into  the  day  of  18  ,  by  and  between 
A.  B.,  of  and  C.  D.,  of  whereby  the  said  A.  B.  agrees  to  let,  and 
the  said  C.  D.  agrees  to  take  the  rooms  or  apartments  following,  that  is 
to  say  :  [here  insert  brief  description  of  the  part  of  the  house  leased] 
being  part  of  a  house  and  premises  situate  and  being  in  No.  in 
street,  in  the  city  of  to  have  and  to  hold  the  said  rooms  and  apart¬ 
ments,  for  and  during  the  term  of  to  commence  from  the  day  of 
instant,  at  and  for  the  yearly  rent  of  dollars,  lawful  money  of 
the  United  States,  payable  monthly  by  even  and  equal  portions,  the  first 
payment  to  be  made  on  the  day  of  next  ensuing  the  date  thereof  , 
and  it  is  further  agreed  that,  at  the  expiration  of  the  said  term  of 
the  said  C.  D.  may  hold,  occupy,  and  enjoy  the  said  rooms  or  apart¬ 
ments  from  month  to  month,  for  so  long  a  time  as  the  said  C.  D.  and 
A.  B.  may  and  shall  agree,  at  the  rent  above  specified ;  and  that  each 
party  be  at  liberty  to  quit  possession  on  giving  the  other  a  month's 
notice  in  writing.  And  it  is  also  further  agreed,  that  when  the  said 
C.  D.  shall  quit  the  premises,  he  shall  leave  them  in  as  good  condition 
and  repair  as  they  shall  be  in  on  his  taking  possession  thereof,  reasonable 
wear  excepted. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals. 

A.  B.  [Seal.] 

C.  D.  [Seal.] 

Signed  and  sealed  in  the  presence  of 
[Names  of  witnesses.] 


HOW  TO  BE  YOUR  OWN  LAWYER. 


185 


6— Landlord’s  Certificate  of  Renting. 

This  is  to  certify,  that  I  have  this  day  of  18  ,  let  and  rented 
unto  C.  D.,  of  [here  insert  brief  description  of  premises],  with  the 
appurtenances,  and  the  sole  and  uninterrupted  use  and  occupation  thereof 
for  year  to  commence  the  day  of  18  ,  at  the  yearly  rent  of 
dollars,  payable  quarterly  on  the  usual  quarterly  days  [or  on  the  first 
days  of  May,  August,  November,  and  February,  in  each  year]. 

[Signature  of  landlord.] 


7.— Tenant’s  Certificate  of  Hiring. 

This  is  to  certify,  that  I  have  this  day  of  18  ,  hired  and  taken 
from  A.  B.,  of  [here  insert  brief  description  of  premises],  with  the 
appurtenances,  for  the  term  of  year  ,  to  commence  the  day  of 
next,  at  the  yearly  rent  of  dollars,  payable  quarterly  on  the  usual 
quarterly  days  [or  on  the  first  days  of  May,  August,  November,  and 
February,  in  each  year].  And  I  do  hereby  promise  to  make  punctual 
payment  of  the  rent  in  manner  aforesaid  [except  in  case  the  premises  be¬ 
come  untenantable,  from  fire  or  any  other  cause,  when  the  tenancy  and 
the  rent  is  to  cease]  :  and  I  do  further  promise  to  quit  and  surrender 
the  premises  at  the  expiration  of  the  term  or  tenancy,  in  as  good  state 
and  condition  as  reasonable  use  and  wear  thereof  will  permit,  damages 
by  the  elements  excepted. 

[Signature  of  tenant.] 

8.— Security  for  Rent 

In  consideration  of  the  letting  of  the  premises  above  described,  and  for 
the  sum  of  one  dollar,  I  do  hereby  become  surety  for  the  punctual  pay¬ 
ment  of  the  rent,  in  the  above  written  agreement  mentioned,  to  be  paid 
by  C.  D.  as  therein  specified  ;  and  if  any  default  shall  at  any  time  be 
made  therein,  I  do  hereby  promise  and  agree  to  pay  unto  the  landlord  in 
said  agreement  named,  the  said  rent,  or  any  arrears  thereof  that  may  be 
due,  without  requiring  notice  or  proof  of  demand  being  made. 

Given  under  my  hand  and  seal  the  day  of  18  . 

[Signature  and  seal.] 

9.— Tenant’s  Certificate  Mortgaging  his  Chattels  on  the  Premises 
as  Security. 

[Insert  the  following  at  the  end  of  form  8  :]  And  I  do  hereby  pledge 
and  mortgage  to  the  said  C.  D.  all  my  personal  proper  tv  of  what  kind 
soever  which  is  or  may  be  on  the  premises  aforesaid,  for  the  faithful 
performance  of  the  covenants  herein,  hereby  authorizing  the  said  0.  D., 
in  case  of  a  failure  on  my  part  to  perform  all  or  any  of  said  covenants, 
to  take  said  property  so  pledged,  and  sell  the  same,  and  out  of  the  pro¬ 
ceeds  of  such  sale  to  pay  and  discharge  all  rent,  damages,  and  expenses 


186 


HOW  TO  BE  YOUR  OWN  LAWYER. 


which  may  at  such  time  be  due,  and  to  pay  over  to  me  or  my  assigns 
the  surplus  moneys  arising  from  such  sale.  [Signature  of  tenant.] 

[To  give  the  mortgage  force  as  against  creditors  or  third  persons,  it 
should  be  filed  in  the  office  of  the  town  clerk.  See  Chattel  Mortgages 
for  further  information.] 

10 —Provision  as  to  Repairs. 

[Insert  in  certificates  of  each  party  the  matters  agreed — e.  g. ,  thus  :] 
And  it  is  further  agreed  that  said  A.  B.  is  to  put  in  a  heater  before  the 
day  of  and  to  put  up  the  fences  forthwith  ;  and  that  said  C.  D. 
may  retain  the  first  month’s  rent,  laying  it  out  in  papering  the  walls  of 
the  house,  and  the  overplus,  if  any,  otherwise  in  necessary  repairs  in 
and  about  the  house. 

11.— Indenture  of  Lease. 

This  indenture  made  this  day  of  one  thousand  eight  hundred 
and  between  A.  B.,  of  county  cf  State  of  party  of  the 
first  part,  and  C.  D.,  of  county  of  State  of  party  of  the  second 
part,  witnesseth :  That  the  said  party  of  the  first  part,  for  and  in  consid¬ 
eration  of  the  rents,  covenants,  and  agreements  hereinafter  mentioned, 
reserved,  and  contained  on  the  part  and  behalf  of  the  party  of  the  second 
part,  his  executors,  administrators,  and  assigns,  to  be  paid,  kept,  and 
performed,  has  leased,  demised,  and  to  farm  let,  and  by  these  presents 
does  lease,  demise,  and  to  farm  let,  unto  the  said  party  of  the  second 
part,  his  executors,  administrators,  and  assigns,  all  [here  insert  descrip¬ 
tion  of  premises]  :  To  have  and  to  hold  the  said  above  mentioned  and 
described  premises,  with  the  appurtenances,  unto  the  said  party  of  the 
second  part,  his  executors,  administrators,  and  assigns,  from  the  day 
of  one  thousand  eight  hundred  and  for  and  during,  and  until  the 
full  end  and  term  of  years  thence  next  ensuing,  and  fully  to  be  com¬ 
plete  and  ended,  yielding,  and  paying  therefor,  unto  the  said  party  of 
the  first  part,  his  heirs  or  assigns,  yearly,  and  every  year,  during  the 
said  term  hereby  granted,  the  yearly  rent  or  sum  of  dollars,  lawful 
money  of  the  United  States,  in  equal  quarter  [or  half]  yearly  payments — 
to  wit,  on  the  day  of  [naming  the  months  intended],  in  each  and 
every  year  during  the  said  term  :  Provided  always,  nevertheless,  that  if 
the  yearly  rent  above  reserved,  or  any  part  thereof,  shall  be  behind  or 
unpaid,  on  any  day  of  payment  whereon  the  same  ought  to  be  paid,  as 
aforesaid ;  or  if  default  shall  be  made  in  any  of  the  covenants  herein 
contained,  on  the  part  and  behalf  of  the  said  party  of  the  second  part, 
his  executors,  administrators,  and  assigns,  to  be  paid,  kept,  and  per 
formed,  then  and  from  thenceforth  it  shall  and  may  be  lawful  for  the 
said  party  of  the  first  part,  his  heirs  or  assigns,  into  and  upon  the  said  de¬ 
mised  premises,  and  every  part  thereof,  wholly  to  re-enter,  and  the  same 
to  have  again,  repossess,  and  enjoy,  as  in  his  or  their  first  and  former 
estate,  anything  hereinbefore  contained  to  the  contrary  thereof  in  any 
wise  notwithstanding. 

And  the  said  party  of  the  second  part,  for  himself  and  his  heirs,  ex 


HOW  TO  BE  YOUR  OWN  LAWYER. 


187 


eon  tors,  and  administrators,  doth  covenant  and  agree,  to  and  with  the 
said  party  of  the  first  part,  his  heirs  and  assigns,  by  these  presents,  that 
the  said  party  of  the  second  part,  his  executors,  administrators,  or  assigns, 
shall  and  will,  yearly,  and  every  year,  during  the  term  hereby  granted, 
well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said  party  of  the  first 
part,  his  heirs  or  assigns,  the  said  yearly  rent  above  reserved,  on  the 
days,  and  in  the  manner,  limited  and  prescribed,  as  aforesaid,  for  the 
payment  thereof,  without  any  deduction,  fraud,  or  delay,  according  to 
the  true  intent  and  meaning  of  these  presents  [if  so  agreed,  add  :  and  that 
the  said  party  of  the  second  part,  his  executors,  administrators,  or  as¬ 
signs,  shall  and  will,  at  their  own  proper  costs  and  charges,  bear,  pa.y, 
and  discharge  all  such  taxes,  duties,  and  assessments  whatsoever,  as  shall 
or  may,  during  the  said  term  hereby  granted,  be  charged,  assessed,  or 
imposed  upon  the  said  described  premises]  ;  and  that  on  the  last  day  of 
the  said  term,  or  other  sooner  determination  of  the  estate  hereby  granted, 
the  said  party  of  the  second  part,  his  executors,  administrators,  or  as¬ 
signs,  shall  and  will  peaceably  and  quietly  leave,  surrender,  and  yield 
up,  unto  the  said  party  of  the  first  part,  his  heirs  or  assigns,  all  and  sin¬ 
gular  the  said  demised  premises.  And  the  said  party  of  the  first  part, 
for  himself,  his  heirs,  and  assigns,  doth  covenant  and  agree,  by  these 
presents,  that  the  said  party  of  the  second  part,  his  executors,  adminis¬ 
trators,  or  assigns,  paying  the  said  yearly  rent  above  reserved,  and  per¬ 
forming  the  covenants  and  agreements  aforesaid,  on  his  and  their  part, 
the  said  party  of  the  second  part,  his  executors,  administrators,  and  as¬ 
signs,  shall  and  may  at  all  times  during  the  said  term  hereby  granted, 
peaceably  and  quietly  have,  hold,  and  enjoy  the  said  demised  premises, 
without  any  let,  suit,  trouble,  or  hindrance,  of  or  from  the  said  party  of 
the  first  part,  his  heirs,  or  assigns,  or  any  other  person  or  persons  whom¬ 
soever. 

In  witness  whereof  the  parties  have  hereunto  interchangeably  set  their 
hands  and  seals  this  day  of  18  . 

A.  B.  [Seal.] 

C.  D.  [Seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signatures  of  witnesses.] 


12.— Landlord’s  Certificate  of  Letting  Farm  with  Stock  and  Tools. 

This  is  to  certify  that  I  have,  this  day  of  18  let  and  rented 

unto  C.  D.,  of  in  the  county  of  a  certain  farm  situate  in  the 
town  and  county  aforesaid,  and  bounded  as  follows  [here  insert  descrip¬ 
tion]  ;  with  the  appurtenances,  and  also  with  the  use,  profits,  and  behoof 
of  the  following  named  stock  and  farming  utensils,  cattle,  horses,  and 
stock  now  being  or  to  be  on  the  said  premises  within  described,  on  and 
from  the  (lay  of  18  during  the  time  below  stated — viz.,  one 
span  of  horses  and  set  of  harness,  one  pair  cattle,  one  lumber- 
wagon,  and  all  the  farming  utensils  on  the  said  farm  now  remaining  and 
being,  and  the  sole  and  uninterrupted  use  and  occupation  thereof,  fox 
the  term  of  from  the  day  of  18  at  the  yearly  rent  of 


188 


HOW  TO  BE  YOUR  OWN  LAWYER. 


dollars,  payable  on  the  first  day  of  January  [with  the  refusal  of  the  same 
for  five  years  more  at  the  same  rent,  upon  said  C.  D.  giving  me  notice  in 
writing  of  his  intention  to  renew  the  lease  on  or  before  the  day  of 
18  ]. 

[Signature.] 

[Date..] 

13— Tenant's  Certificate  of  Same. 

This  is  to  certify  that  I  have,  this  day  of  18  rented  of  A.  B., 
of  his  farm  [here  insert  description],  and  have  agreed  to  the  follow¬ 
ing  covenants — viz.,  that  I  will  seed  well  with  timothy  and  clover  seed 
all  the  land  west  of  the  road  which  is  broken  up  ;  that  I  wTill  leave  the 
manure  on  the  farm  ;  that  I  will  pay  for  the  sawing  of  such  lumber  as 
may  be  needed  on  the  farm  for  fences ;  that  I  will  drawr  said  lumber, 
and  at  my  own  expense  construct  a  good  fence  therewith  the  whole 
length  of  the  new  road  on  the  east  side,  on  or  before  the  day  of 
18  ;  that  I  will  pay,  or  cause  to  be  paid,  the  road  and  land  tax  on  the 

same.  I  also  promise  to  use  the  horses,  oxen,  wagons,  sleighs,  and  other 
tools  carefully,  and  to  return  them  in  as  good  condition  as  they  are  now, 
the  necessary  wear  excepted,  together  with  possession  of  the  farm  and 
buildings,  on  the  day  of  18  . 

[Signature.] 

[Date.] 

14.— Mining  Lease. 


This  indenture,  made  this  day  of  one  thousand  eight  hundred 
and  between  A.  B.,  of  county  of  State  of  party  of  the 
first  part,  and  C.  D.,  of  county  of  State  of  party  of  the  second 
part,  witnesseth :  That  the  said  party  of  the  first  part  for  and  in  con¬ 
sideration  of  the  rents,  covenants,  and  agreements  hereinafter  mentioned, 
reserved,  and  contained  on  the  part  and  behalf  of  the  party  of  the  second 
part,  his  executors,  administrators,  and  assigns,  to  be  paid,  kept,  ano 
performed,  do  grant  and  convey  to  the  said  party  of  the  second  part,  his 
heirs,  executors,  administrators,  and  assigns,  the  right  of  entering  in  and 
upon  the  lands  hereinafter  described,  for  the  purpose  of  searching  for 
mineral  and  fossil  substances,  and  of  conducting  mining  and  quarrying 
operations,  to  any  extent  he  may  deem  advisable  for  the  term  of 
years,  from  the  day  of  18  but  not  to  hold  possession  of  any  part 
of  said  lands  for  any  other  purpose  whatsoever,  paying  for  the  site  of 
buildings  necessary  thereto,  a  reasonable  rent.  The  said  lands  are 
situated  [here  insert  description]. 

And  the  said  party  of  the  second  part  hereby  agrees  that  he,  his  heirs, 
executors,  administrators,  or  assigns,  will  pay  or  cause  to  be  paid  to 
the  said  party  of  the  first  part,  his  heirs  or  assigns  [here  state  payments], 
and  also  covenants  that  no  damage  shall  be  done  to  or  upon  said  lands 
and  premises,  other  than  may  be  necessary  in  conducting  said  operations. 
And  the  said  parties  of  the  first  and  the  second  part,  each  for  themselves, 
their  heirs,  executors,  administrators,  and  assigns,  covenant  and  agree, 
and  this  indenture  is  made  with  this  express  proviso,  that  if  no  mineral 
or  fossil  substance  be  mined  or  quarried,  as  now  contemplated  by  said 
parties,  within  the  period  of  years  from  the  day  of  18  then 


HOW  TO  BE  YOUR  OWN  LAWYER. 


189 


tliese  presents,  and  everything  contained  herein,  shall  cease,  and  he  for 
ever  null  and  void. 

In  witness  whereof  the  parties  hereto  have  hereunto  interchangeably 
set  their  hands  and  seals  this  day  of  one  thousand  eight  hundred 

and 

A.  B.  [Seal.] 

C.  D.  [Seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signatures  of  witnesses.] 

15— Lease  with  right  to  re-enter  in  case  Default  shall  be  made 
in  any  of  the  Covenants  or  in  Payment  of  Rent. 

This  indenture,  made  the  day  of  one  thousand  eight  hundred 
and  between  A.  B.,  of  county  of  State  of  party  of  the  first 
part,  and  C.  D.,  of  county  of  State  of  party  of  the  second 
part,  witnessetli :  That  the  said  party  of  the  first  part  has  letten,  and  by 
these  presents  does  grant,  demise,  and  to  farm  let,  unto  the  said  party  of 
the  second  part  [here  insert  a  description  of  the  property],  with  the 
appurtenances,  for  the  term  of  from  the  day  of  one  thousand 
eight  hundred  and  at  the  yearly  rent  or  sum  of  dollars,  to  be 
paid  in  equal  [weekly,  monthly,  or  quarterly]  payments. 

And  it  is  agreed  that  if  any  rent  shall  be  due  and  unpaid  for  days 
after  the  same  is  due,  or  if  default  shall  be  made  in  any  of  the  covenants 
herein  contained,  then  it  shall  be  lawful  for  the  said  party  of  the  first 
part  to  re-enter  the  said  premises,  and  to  remove  all  persons  therefrom. 
And  the  said  party  of  the  second  part  does  covenant  to  pay  to  the  said 
party  of  the  first  part,  the  said  yearly  rent  as  herein  specified.  And  at 
the  expiration  of  the  said  term,  the  said  party  of  the  second  part  will 
quit  and  surrender  the  premises  hereby  demised,  in  as  good  state  and 
condition  as  reasonable  use  aud  wear  thereof  will  permit,  damages  by  the 
elements  excepted.  And  the  said  party  of  the  first  part  does  covenant 
that  the  said  party  of  the  second  part,  on  paying  the  said  yearly  rent, 
and  performing  the  covenants  aforesaid,  shall  and  may  peaceably  and 
quietly  have,  hold,  and  enjoy  the  said  demised  premises,  for  the  term 
aforesaid. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals  this 
day  of  in  the  year  of  our  Lord,  one  thousand  eight  hundred 

and 

A.  B.  [Seal.] 

C.  D.  [Seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signatures  of  witnesses.] 

16.— Covenant  not  to  Assign,  etc. 

[Use  form  15,  and  insert  the  following  at  the  end  and  before  the  attos- 
tation  clause  :] 

And  the  said  party  of  the  second  part  shall  not,  nor  will,  at  any  time 


190 


IIOW  TO  BE  YOUR  OWN  LAWYER. 


or  times  hereafter,  during  the  term  hereby  granted,  lease,  let,  or  demiso 
all  or  any  part  of  the  said  premises  hereby  demised,  nor  assign,  transfer, 
or  make  over  the  same,  or  this  present  lease,  or  any  of  his  term  or  time 
therein  to  any  person  or  persons  whomsoever,  without  the  consent  of  the 
said  party  of  the  first  part,  his  heirs  or  assigns,  in  writing,  under  his  or 
their  seal,  for  that  purpose  first  had  and  obtained,  anything  herein¬ 
before  contained  to  the  contrary  thereof  in  any  wise  notwithstanding. 

17.— Covenant  to  Renew. 

[Use  form  15,  and  insert  the  following  at  the  end  and  before  the  attes¬ 
tation  clause  :] 

It  is  further  agreed,  that  at  the  expiration  of  the  term  in  the  annexed 
lease  mentioned,  the  said  party  of  the  first  part  hereby  agrees  to  let  and 
lease  to  the  said  party  of  the  second  part  all  the  premises,  machinery,  and 
appurtenances  in  said  lease  mentioned,  for  another  term  of  years,  at 
the  same  annual  rent,  and  on  the  same  conditions  under  which  said  party 
of  the  second  part  now  holds  said  premises  under  and  by  virtue  of  the 
present  lease  ;  provided  said  party  of  the  second  part  shall,  at  least  one 
year  before  the  termination  of  the  present  lease,  notify  the  said  party  of 
the  first  part  of  his  intention  to  hire  said  premises  and  appurtenances  for 
such  additional  term. 

18.— Covenant  to  Buy  Fixtures  at  a  Valuation. 

[Use  form  15,  and  insert  the  following  at  the  end  and  before  the  attes¬ 
tation  clause  :] 

And  the  said  party  of  the  first  part  hereby  covenants  and  agrees  to 
and  with  the  said  party  of  the  second  part,  that  at  the  expiration  of  the 
present  lease,  or  of  the  renewed  lease,  if  the  same  shall  be  accepted,  he 
will  purchase  of  the  said  party  of  the  second  part  all  the  machinery  that 
shall  have  been  placed  by  him  in  or  upon  the  said  premises  during  the 
whole  time  he  shall  have  occupied  the  same,  allowing  therefor  to  the 
said  party  of  the  second  part  the  full  valuation  at  which  such  machinery 
shall  then  be  estimated,  in  the  buildings,  and  not  for  purpose  of  re¬ 
moval.  And  in  case  the  parties  hereto  shall  not  agree  upon  such  valua¬ 
tion,  then  the  same  shall  be  made  by  three  disinterested  persons,  one  of 
whom  is  to  be  chosen  by  each  of  said  parties,  and  the  ether  to  be  selected 
by  the  two  so  chosen. 

19.—  Covenants  in  a  Farm  Lease  on  Shares. 

[Use  form  15,  and  insert  the  following  at  the  end  and  before  the  attesta¬ 
tion  clause :] 

And  the  said  party  of  the  second  part  hereby  covenants  and  agrees,  to 
and  with  the  party  of.  the  first  part,  that  he  will  occupy,  till  and  in  all 
respects  cultivate  the  premises  above  mentioned,  during  the  term  afore¬ 
said,  in  a  husbandlike  manner,  and  according  to  the  usual  course  of 
husbandry  practiced  in  the  neighborhood  ;  that  he  will  not  commit  an} 


HOW  TO  BE  YOUR  OWN  LAWYER. 


191 


waste  or  damage,  or  suffer  any  to  be  done  ;  that  he  will  keep  the  fences 
and  buildings  on  the  said  premises  in  good  repair,  reasonable  wear  there¬ 
of  and  damages  by  the  elements  excepted  ;  and  that  he  will  deliver  to  the 
said  party  of  the  first  part,  his  heirs,  executors,  or  administrators,  or  to 
his  or  their  order,  one  equal  half  of  all  the  proceeds  and  crops  produced 
on  the  said  farm  and  premises  aforesaid,  of  every  name,  kind,  and  de¬ 
scription, —to  be  divided  on  the  said  premises,  in  the  mow,  stack,  or  half- 
bushel,  according  to  the  usual  course  and  custom  of  making  such  divi¬ 
sions  in  the  neighborhood,  and  within  a  reasonable  time  after  such  crops 
shall  have  been  gathered  and  harvested. 

It  is  further  agreed  between  the  parties  hereto  that  the  party  of  the 
first  part  shall  provide  one  equal  half  of  all  seed  or  seeds  necessary  to  be 
sown  or  planted  on  said  premises,  and  pay  all  taxes  and  assessments 
upon  the  same ;  that  the  party  of  the  second  part  is  to  do,  or  cause  to  be 
done,  all  necessary  work  and  labor  in  and  about  the  cultivation  of  the 
said  premises  ;  that  he  is  to  have  full  permission  to  inclose,  pasture,  or  till 
and  cultivate  the  said  premises,  so  far  as  the  same  may  be  done  without 
injury  to  the  reversion,  and  to  cut  all  necessary  timber  for  firewood, 
farming  purposes,  and  repairing  fences  ;  and  that  he  is  to  give  up  and 
yield  peaceable  possession  of  the  said  premises  at  the  expiration  of  his 
said  term. 


20.— Surrender  of  a  Lease  Indorsed  Thereon. 

Know  all  men  by  these  presents,  that  I,  C.  D.,  the  within-named  les¬ 
see  [or,  assignee  of  the  within -named  lessee],  in  consideration  of 
dollars,  to  me  in  hand  paid,  do,  for  myself,  my  executors  and  administra¬ 
tors,  bargain,  sell,  surrender,  and  yield  up,  from  the  day  of  the  date  here¬ 
of,  unto  the  within-named  C.  D.,  lessor  [or  other  owner  of  the  rever¬ 
sion],  and  his  heirs  [or  his  executors  and  administrators],  the  within  in¬ 
denture  of  lease,  and  the  lands  and  premises  therein  mentioned,  and  the 
term  of  years  therein  yet  to  come,  with  all  my  right,  title,  and  interest 
thereto,  and  that  free  and  clear  of  all  encumbrances  of  what  kind  soever, 
at  any  time,  by  me,  or  by  my  privity,  consent,  or  procurement,  done, 
committed,  or  suffered. 

In  witness  [etc.,  as  in  form  5]. 

21.— Assignment  of  Lease. 

Know  all  men  by  these  presents,  that  I,  C.  D.,  of  county  of 
State  of  for  and  in  consideration  of  the  sum  of  dollars  lawful 
money  of  the  United  States,  to  me  duly  paid,  by  E.  F.,  of  county  of 
State  of  have  sold,  and  by  these  presents  do  grant,  convey,  assign, 
transf er/  and  set  over,  unto  the  said  E.  F. ,  the  indenture  of  lease,  bearing 
date  the  day  of  in  the  year  one  thousand  eight  hundred  and 
made  by  A.  B*,  of  county  of  State  of  with  all  and  singular  the 
premises  therein  mentioned  and  described,  and  the  buildings  thereon,  to¬ 
gether  with  the  appurtenances.  To  have  and  to  hold  the  same  unto  the 
said  E.  F.,  his  assigns,  from  the  day  of  for  and  during  all  the 


192 


now  TO  BE  YOUR  OWN  LAWYER. 


rest,  residue,  and  remainder  yet  to  come  of  and  in  the  term  of  yean 
mentioned  in  the  said  indenture  of  lease  subject,  nevertheless,  to  the 
rents,  covenants,  conditions,  and  provisions  therein  also  mentioned.  And 
I  do  hereby  covenant,  grant,  promise,  and  agree,  to  and  with  the  said  E. 
F.,  that  the  said  assigned  premises  now  are  free  and  clear  of  and  from 
all  former  and  other  gifts,  grants,  bargains,  sales,  leases,  judgments,  exe¬ 
cutions,  back  rents,  taxes,  assessments,  and  incumbrances  whatsoever. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal  this 
day  of  one  thousand  eight  hundred  and 

Sealed  and  delivered  in  the  presence  of  C.  D.  [Seal.] 

[Signatures  of  witnesses.] 


LETTER  OF  CREDIT. 

A  letter  of  credit  is  an  open  or  sealed  letter  directing  the  person  or  per¬ 
sons  to  whom  it  is  addressed  to  pay  the  bearer  any  sum  without  limit,  or 
up  to  a  certain  sum  mentioned. 

These  letters  are  of  two  kinds,  general  and  special.  The  former  is  ad¬ 
dressed  to  the  writer’s  friends  and  correspondents  generally,  wherever 
the  bearer  may  go,  while  the  latter  is  addressed  to  some  particular  person 
or  bank. 

A  letter  of  credit  is  usually  issued  to  travellers  by  a  large  banking 
house,  in  -which  case,  if  a  special  letter,  money  can  be  obtained  on  it  from 
the  person  or  bank  to  which  it  is  addressed  if  either  accept  it,  or  if  it  is  a 
general  letter,  from  any  bank  which  is  a  correspondent  of  the  bank  issuing 
the  letter. 

But  it  may  be  addressed  to  a  special  class  of  correspondents  of  the  is¬ 
suer,  in  which  case  they  alone  are  authorized  to  pay  on  it. 

The  price  of  the  letter  is  paid  the  issuer  in  advance,  and  if  the  whole 
amount  is  not  used,  the  remainder  is  refunded. 

Any  payments  to  the  bearer  of  the  letter  raise  a  debt  from  the  issuer  of 
the  letter  to  the  party  paying  such  money ;  but  if  such  a  letter  be  given  as 
a  real  accommodation  without  any  deposit  of  its  price,  the  bearer  only 
becomes  indebted  for  the  amount  received  on  it,  and  he  may  receive  as 
little  as  he  pleases. 

Letters  of  credit  are  necessary  to  avoid  the  risk  and  trouble  of  carrying 
large  sums  of  money  about  one’s  person,  and  to  have  the  benefits  of  a 
banker  and  a  bank  account  in  every  large  city. 

The  form  issued  by  any  reputable  house  would  be  good,  but  the  most 
ordinary  ones  are  given  below. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


193 


Genera!  Letter  of  Credit  and  Guaranty. 

Sir:  We  hereby  agree  to  accept,  and  pay  at  maturity,  any  draft  oi 
drafts  on  us  at  sixty  days'  sight,  issued  by  Messrs.  C.  D.  &  Co.,  of  youi 
city,  to  the  extent  of  $25,000,  and  negotiated  through  your  bank. 

We  are  [etc.] 

[Signature.] 

[Date.] 

I  hereby  guarantee  the  due  acceptance  and  payment  of  any  draft  issued 
in  pursuance  of  the  above  credit. 

[Signature  of  guarantor.] 

[Date.] 

Special  Letter  of  Credit. 

New  York,  May  10,  1884. 

Messrs.  Baring  Brothers,  London : 

Gentlemen:  We  take  pleasure  in  introducing  to  you  A.  B.,  who  pur¬ 
poses  visiting  England,  and  desires  us  to  open  a  credit  with  you  for  him 
for  five  hundred  pounds  sterling.  You  will  please  honor  his  drafts  to  an 
amount  not  exceeding  in  the  aggregate  the  above-named  sum,  and  charge 
the  same  to  us,  with  advice. 

The  signature  of  A.  B.  accompanies  this. 

Your  obedient  servants, 

Jones  &  Smith. 

Signature  of 

A.  B. 

Letter  Advising  of  the  Same. 

New  York,  May  10,  1884. 

Messrs.  Baring  Brothers,  London : 

Gentlemen :  We  have  this  day  granted  a  letter  of  credit  on  your  house, 
duplicate  of  which  we  enclose,  to  A.  B.,  for  five  hundred  pounds  ster¬ 
ling. 

A.  B.  is  about  twenty-eight  years  of  age,  about  five  feet  ten  inches  in 
height,  and  of  dark  complexion. 

Your  obedient  servants, 

Jones  &  Smith. 


LETTERS. 

Business  letters  should  be  brief,  carefully  written,  and  studiously 
polite.  They  should  always  be  re-read  before  sending,  for  they  have  the 
sender’s  signature,  and  bind  him  as  his  note,  acceptance,  guaranty,  or 
any  written  obligation. 

9 


194 


HOW  TO  BE  YOUR  OWN  LAWYER. 


The  language  used  in  business  letters  should  be  of  a  character  to  be 
easily  understood,  and  they  should  be  legibly  written. 

In  replying  to  a  letter,  first  acknowledge  receipt  of  it. 

Numbers  in  the  body  of  the  letter  should  be  written  in  full  and  in  fig¬ 
ures  also,  for  greater  security.  A  promise  in  a  letter  to  pay  an  old  debt 
will  prevent  it  from  becoming  outlawed,  or  barred  by  the  statute  of  lim¬ 
itations,  and  if  already  outlawed,  will  revive  it. 

The  following  examples  will  give  the  reader  an  idea  of  all : 

Peoria,  Ill.,  Oct.  19,  1884. 

H.  B.  Claflin  &  Co.: 

Gentlemen  :  Please  send  me  seventeen  (17)  pieces  of  assorted  merchan 
dise,  as  follows : 

3  pieces  of  fine  muslin. 

2  “  “  good  sheeting,  1|  yards  wide. 

2  “  “  gingham,  etc. 

I  will  remit  immediately  upon  receiving  the  goods. 

Respectfully, 

W.  Stahlnecker. 

The  Answer. 

132  Church  St.,  New  York,  Oct.  23,  1884. 
W.  Stahlnecker,  Peoria,  Ill.: 

Dear  Sir :  Your  favor  of  the  19th  instant  is  received. 

We  this  day  send  the  goods  ordered,  and  hope  they  will  prove  accep¬ 
table.  Find  invoice  enclosed.  Yours  truly, 

H.  B.  Claflin  &  Co. 

Reply. 

Peoria,  Ill.,  Oct.  30,  1884. 

Gentlemen :  Your  letter  of  the  23d  instant,  and  the  goods  forwarded 
the  same  day,  have  been  received. 

Enclosed  please  find  my  check  on  the  First  National  Bank  of  Peoria, 
for  twelve  hundred  and  ninety-six  and  50-100  dollars  ($1,296.50). 

Yours  truly, 

W.  Stahlnecker. 

H.  B.  Claflin  &  Co.,  New  York. 


LIBEL  AND  SLANDER. 

Libel  and  slander  are  injuries  to  one’s  reputation.  Libel  is  that  which 
is  written  or  printed,  which  reflects  on  the  character  of  another  and  is 
published  without  lawful  justification  or  excuse,  whatever  the  intention 


HOW  TO  BE  YOUR  OWN  LAWYER. 


195 


may  have  been  ;  or  in  other  words,  it  is  inflammatory  matter  addressed 
to  the  eye. 

Pictures,  effigies,  and  other  visible  signs  may  be  libelous. 

Slander  differs  from  libel  in  that  it  is  addressed  to  the  ear.  Criminal 
libel  is  a  malicious  defamatory  matter  made  known  to  a  third  person  by 
writing,  by  pictures,  or  by  signs  which  are  calculated  to  injure  the 
.iving,  to  blacken  the  memory  of  the  dead,  and  to  hold  them  up  to 
hatred,  contempt,  and  ridicule. 

Civil  libel  is  a  malicious  defamatory  matter  made  known  to  a  third 
person  by  writing,  by  pictures,  or  by  false  signs,  which  are  intended  to 
injure  the  living,  or  any  publication  which  has  a  tendency  to  disturb  the 
public  peace  or  the  good  order  of  society. 

It  is  a  slander  to  ch  xrge  a  person  with  being  guilty  of  a  crime,  or  with 
having  some  contagious  disease  which  renders  him  unfit  for  society  ;  or 
to  make  a  charge  which  affects  a  person  in  his  trade,  profession,  or 
business. 

In  these  three  cases  it  is  not  necessary  to  prove  that  the  person  slan¬ 
dered  has  suffered  special  damages.  In  all  other  cases  of  slander  by 
speaking  defamatory  words,  special  damages  must  be  proved. 

The  slander  is  supposed  to  be  false  until  the  contrary  is  shown. 

The  slander  must  be  published,  which  is  done  when  communicated  to 
a  third  person. 

A  repetition  of  a  slander  already  in  circulation,  renders  the  person 
repeating  it  liable  to  an  action. 

Malice,  which  is  essential  to  support  an  action  for  slander,  is  always 
presumed  until  the  contrary  is  proved. 


LICENSE. 

A  license  is  a  right  given  by  some  competent  authority  in  a  State  to  do 
an  act  which  without  such  authority  would  be  illegal. 

Many  of  the  States  distinguish  between  pedlars  and  commercial  trav¬ 
ellers  selling  home  products  and  those  selling  the  products  of  other 

States.  • 

The  laws  of  the  States  and  Territories,  in  reference  to  licenses  granted 
to  pedlars  and  commercial  travellers  and  the  fees  to  be  paid  for  the  same, 
are  given  below  : 

Alabama. — Pedlars  in  a  wagon  are  required  to  pay  a  fee  of  $50  for  a 
license  ;  pedlars  on  a  horse,  $20  ;  pedlars  on  foot,  $10  ;  which  fee  must 


196 


HOW  TO  BE  YOUR  OWN  LAWYER. 


be  paid  in  each  county  where  the  pedlar  sells  productions  other  than  those 
of  the  State. 

Arizona. — Pedlars  in  a  wagon  are  required  to  pay  a  fee  of  $10  per 
month  for  a  license  ;  pedlars  on  foot  $5  per  month  ;  which  fee  is  to  be 
paid  to  the  county  treasurer.  These  laws  do  not  apply  to  the  producers 
of  the  commodities  within  the  Territory. 

Arkansas. — Pedlars  are  required  to  pay  to  the  State  a  fee  of  $25  for 
six  months'  license,  and  the  same  fees  to  each  county  where  the  goods  are 
sold,  as  a  county  tax. 

Colorado. — Pedlars  are  required  to  pay  a  fee  of  not  less  than  $5,  nor 
more  than  $100,  for  a  license  for  one  year.  The  fee  to  be  determined 
by  the  county  commissioners. 

California.— Pedlars  in  a  wagon  are  required  to  pay  a  fee  of  $15  per 
month  ;  on  foot  $5  per  month  ;  w’hich  fee  is  to  be  paid  to  the  county  au¬ 
ditor.  These  fees  do  not  apply  to  those  peddling  productions  of  the 
State. 

Connecticut. — There  are  no  laws  in  this  State  on  the  subject. 

Dakota. — County  clerk  may  assess  the  amount  of  the  fee  pedlars  are 
to  pay  for  their  yearly  licenses. 

Delaware. — Pedlars  on  foot  are  required  to  pay  $50 ;  if  a  citizen 
$8  ;  with  one  horse  $16  ;  two  horses  $30 ;  and  $10  for  each  additional 
horse.  Pedlars  with  one  horse  and  wagon  $25  ;  two  horses  and  wagon 
$35  ;  and  $10  for  each  additional  horse.  For  license  to  sell  clocks  $50. 
No  license  required  to  sell  products  of  the  State  or  grains,  provisions, 
provender,  fruit,  or  books.  Tin  pedlars  shall  pay  $10  if  without  a  cart, 
or  $20  with  one. 

Florida. — Drummers  shall  pay  a  State  license  of  $25  and  no  other. 
Pedlars  on  foot  shall  pay  $10 ;  with  horse  and  cart  $20  ;  with  boat  of 
less  than  twenty  tons  burden  $20  ;  of  more  than  twenty  tons  burden  $30. 

Georgia. — Pedlars  are  required  to  pay  a  fee  of  $50  lo  the  county  for 
a  license  for  one  year. 

Illinois. — General  Assembly  may  tax  pedlars,  but  does  not. 

Indiana. — Pedlars  being  non-residents,  and  not  selling  goods  of  the 
State,  are  required  to  pay  a  fee  of  $5  if  their  capital  is  less  than  $1,000  ; 
$7.50  if  over  $1,000  and  less  than  $2,000 ;  $10  if  over  $2,000  and  less 
than  $5,000 ;  and  $20  for  any  amount  over  $5,000 — to  be  paid  to  the 
county  treasurer. 

Iowa. — Pedlars  of  goods  not  manufactured  in  the  State  are  required  to 
pay  a  fee  of  $10  for  a  license  ;  with  one  horse  $25  ;  with  less  than  four 
horses  $25  ;  wTith  four  horses  or  more  $75.  Pedlars  of  watches  $30  ;  of 
clocks  $50.  The  licenses  last  one  year,  and  are  good  throughout  the 
State. 

Kansas. — Cities  are  empowered  to  tax  pedlars  for  licenses. 

Kentucky. — Pedlars  are  required  to  pay  a  fee  of  $100  per  annum  for 
a  license  throughout  the  State  ;  for  one  or  more  counties  sixty-five  cents 
for  each  one  hundred  voters  in  such  counties.  Either  license  to  be  ob¬ 
tained  of  the  county  court. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


197 


Louisiana.— Pedlars  in  a  boat  are  required  to  pay  a  fee  of  $100  for  • 
a  license ;  with  two  horses  $20  ;  with  more  than  two  horses  $25  ;  with 
one  horse  $10  ;  on  foot  $5. 

Maine. — Pedlars  at  retail  are  required  to  pay  a  fee  of  $10  fora  license  ; 
at  wholesale  $25  if  a  resident ;  but  if  a  non-resident  $25  at  retail  and  $50 
at  wholesale.  License  to  be  obtained  of  county  commissioners. 

Maryland. — Pedlars  on  foot  are  required  to  pay  a  fee  of  $40  for  a  lh 
cense  ;  with  one  horse  $50  ;  with  two  horses  $70,  in  each  county. 

Massachusetts. — Pedlars  may  obtain  a  State  license  of  the  secretary 
of  state  for  $50.  The  same  officer  may  grant  special  county  licenses  at 
from  one  to  four  dollars  each,  according  to  the  county  ;  or  he  may  grant 
licenses  to  obtain  town  licenses  at  from  three  dollars  to  twenty-five  dol¬ 
lars. 

Michigan. — Pedlars  on  foot  are  required  to  pay  a  fee  of  $15  for  a  li¬ 
cense  ;  pedlars  with  one  horse  $40 ;  pedlars  with  more  than  one  horse 
$75 ;  pedlars  by  rail  or  boat  $100  ;  or  if  intending  to  travel  to  take  or¬ 
ders  $50,  to  the  treasurer  of  the  State. 

Minnesota. — There  are  no  laws  on  the  subject  in  this  State. 

Mississippi. — Pedlars  on  foot  are  required  to  pay  a  fee  of  $5  for  a  li¬ 
cense  ;  pedlars  with  one  horse  $10  ;  pedlars  with  one  horse  and  cart  $20  ; 
pedlars  with  two  horses  and  cart  $25  ;  which  fee  must  be  paid  in  each 
county  where  the  goods  are  sold  Pedlars  of  tin  and  pottery  made  in  the 
State  are  not  required  to  pay  a  license  fee. 

Missouri. — Pedlars  on  foot  are  required  to  pay  a  fee  of  $3  for  a  li¬ 
cense  for  six  months  ;  pedlars  with  horses  $10  for  six  months  ;  pedlars 
with  cart  $20  for  six  months  ;  pedlars  with  boat  $1  per  day  for  less  than 
five  days,  or  fifty  cents  per  day  for  less  than  six  months.  County  court 
also  may  levy  an  equal  tax. 

Nebraska. — Pedlars  are  required  to  pay  a  fee  of  $30  for  a  license  to 
peddle  throughout  the  State  for  one  year,  which  license  is  to  be  obtained 
of  the  county  clerk. 

Nevada.— Pedlars  on  foot  are  required  to  pay  a  fee  of  $10  per  month 
for  a  license  ;  pedlars  with  cart  $20  per  month.  The  license  is  issued  by 
the  county  auditor  to  the  sheriff. 

New  Hampshire. — Pedlars  are  required  to  pay  a  fee  of  $10  per  year 
for  a  license ;  the  license  is  to  be  obtained  of  the  clerk  of  the  supreme 

court. 

New  Jersey. — Pedlars  on  foot  are  required  to  pay  a  fee  of  $8  for  a 
license  for  one  year  ;  with  horses  $15  for  one  year ;  and  an  additional  fee 
of  $2  and  $3.50  in  each  case  respectively  to  the  Governor  of  the  State. 

New  York. — Pedlars  on  foot  are  required  to  pay  a  fee  of  $20  per  year 
for  a  license  ;  pedlars  with  one  horse  or  boat  $30  per  year  ;  pedlars  with 
more  than  one  horse  or  boat  $50  per  year.  The  license  is  to  be  obtained 
of  the  secretary  of  state. 

North  Carolina. — There  are  no  laws  in  this  State  on  the  subject. 

Ohio. — Pedlars  on  foot  are  required  to  pay  a  fee  of  $12  for  a  license  ; 
pedlars  on  horseback  $20  ;  pedlars  with  one  horse  and  cart  $20  ;  pediarj 


198 


HOW  TO  BE  YOUR  OWN  LAWYER. 


with  two  horses  and  cart  $28  ;  pedlars  in  a  boat  or  by  rail  $60.  The  1* 
cense  is  granted  by  the  county  auditor. 

Oregon. — Pedlars  are  required  to  pay  not  less  than  $10  nor  more  than 
$200  per  annum. 

Pennsylvania. — Pedlars  on  foot  are  required  to  pay  a  fee  of  $8  per 
year  ;  pedlars  with  horse  and  cart  $16  per  year ;  pedlars  with  two  horses 
and  cart  $25  per  year.  The  license  is  granted  by  the  two  judges  of  the 
county  court. 

Rhode  Island. — Pedlars  are  required  to  pay  a  fee  of  $60  for  a  license 
for  the  State,  $80  for  Providence  county,  and  $15  for  each  of  the  other 
counties.  Pedlars  of  jewelry,  etc. ,  $200  for  the  State,  $100  for  Provi¬ 
dence  county,  and  $50  for  the  other  counties.  The  license  is  to  be  ob¬ 
tained  of  the  State  treasurer. 

South  Carolina. — Pedlars  are  required  to  pay  a  fee  of  $10  per  year 
to  the  county  for  a  license,  to  be  obtained  of  the  county  clerk. 

Tennessee. — Pedlars  on  foot  are  required  to  pay  a  fee  of  $20  per  year 
for  a  license.  Pedlars  with  horse  or  vehicle  $50,  and  $50  additional  for 
each  vehicle  and  $10  for  each  additional  horse.  Licenses  to  be  taken 
out  quarterly.  Drummers  shall  pay  a  privilege  tax  of  $50  annually  to 
the  State,  and  counties  may  lay  a  tax  of  $5  on  them. 

Texas. — Pedlars  on  foot  are  required  to  pay  a  fee  of  $10  per  year  for 
a  license  in  each  county  ;  with  one  horse  or  pair  of  oxen  $25  ;  with  two 
horses  or  two  pairs  of  oxen  $40.  Drummers  an  annual  occupation  tax 
of  $200,  but  not  if  their  employers  pay  a  merchant’s  occupation  tax  in 
the  State. 

Vermont. — Pedlars  on  foot  are  required  to  pay  a  fee  of  $15  for  a  li¬ 
cense  ,  pedlars  with  team  $30,  and  if  they  carry  jewelry,  clocks,  watches, 
or  p'Pent  medicines,  $60.  The  license  is  to  be  obtained  of  the  county 
clerk  annually. 

Virginia. — Pedlars  are  required  to  pay  a  fee  of  $50  per  year  for  a  li¬ 
cense  ;  sample  merchant  $25  per  year.  The  license  is  to  be  obtained  of 
the  commissioner  of  revenue  of  every  township. 

West  Virginia. — Pedlars  on  foot  are  required  to  pay  a  fee  of  $10  for 
a  license  ;  with  team  $25  per  year,  payable  in  each  case  to  the  State. 

Wisconsin. — Pedlars  on  foot  are  required  to  pay  a  fee  of  $15  for  a  li¬ 
cense  ;  with  one  horse  $20 :  with  two  horses  $40 ;  with  more  than  two 
horses  $50 — for  one  year.  The  license  is  to  be  obtained  of  the  secretary 
of  state. 

Wyoming. — Pedlars  are  required  to  pay  a  fee  of  $25  per  month  for  a 
license.  Drummers  are  exempt  from  payment  of  a  license  fee. 


LIEN. 

A  lien  is  a  hold  or  claim  which  one  person  has  upon  the  property  of 
another  as  a  security  for  some  debt  or  charge.  A  lien  differs  from  a 


HOW  TO  BE  YOUR  OWN  LAWYER. 


199 


mortgage  in  that  it  attaches  as  an  incident  to  the  matter  of  the  debt  by 
act  of  the  law,  while  a  mortgage  is  made  for  the  express  purpose  of  the 
security.  A  lien  is  the  right  to  retain  the  property  of  another  on  ac¬ 
count  of  labor  employed  or  money  expended  on  that  specific  property. 

Other  liens  are  on  property  never  in  the  possession  of  the  holder,  but 
which,  like  that  in  favor  of  material  men,  mechanics,  and  maritime  lend* 
ers,  show  a  peculiar  equity  in  favor  of  the  creditor  as  regards  the  partic¬ 
ular  property. 

A  particular  lien  arises  out  of  labor  or  money  applied  to  a  specific  arti¬ 
cle  in  the  possession  of  the  creditor. 

A  general  lien  is  a  right  to  retain  property  in  possession  for  a  general 
balance. 

Inn-keepers,  warehousemen,  tailors,  common  carriers,  repairers,  bro¬ 
kers,  sellers,  and  pawnbrokers  have  particular  liens  for  services  rendered 
or  for  money  advanced  on  the  property  in  their  possession. 

Attorneys  have  a  general  lien  on  the  papers  of  their  client  and  also 
upon  judgments  obtained  by  them.  Bankers  have  a  general  lien  on  all 
securities  left  with  them  for  moneys  advanced  at  any  time  after  the  re- 
ceival  of  the  securities.  These  are  the  common-law  liens  and  are  allowed 
in  every  State  without  any  statute.  When  possession  is  given  up  the 
lien  is  lost. 

Maritime  liens  are  those  of  a  shipper  on  the  vessel  for  the  value  of  the 
goods  sent,  of  the  owner  of  the  ship  on  the  goods  for  freight,  of  the 
master  of  a  ship  for  wages  and  disbursements,  of  a  seaman  for  wages,  of 
a  material  man  for  supplies,  etc.,  furnished ;  of  injured  parties  in  case  of 
a  collision,  and  of  the  part  owners  for  extra  advances. 

The  statutory  liens  given  by  special  statute  in  the  different  States  will 
be  given  below : 

Alabama. — Advances  in  mules,  provisions,  and  implements,  which 
are  stated  in  a  note  or  obligation  to  be  advanced  for  making  a  crop,  is  a 
lien  on  the  crop,  if  recorded  within  sixty  days  from  date  in  the  office  of 
the  probate  judges  in  the  county  where  the  person  obtaining  the  ad¬ 
vances  resides. 

Landlords  have  liens  on  crops  for  rent  for  the  current  year,  and  for 
supplies  of  materials  furnished  the  tenant. 

Mechanics  and  every  person  have  a  lien  for  work  done  and  materials 
furnished.  Employes  of  a  railroad  have  a  lien  on  the  property  of  the 
company.  Agricultural  laborers  and  superintendents  have  a  lien  on  the 
crops.  Proceedings  to  enforce  these  liens  must  be  begun  within  six 
months.  Original  contractors  must  within  six  months  after  the  time 
when  the  claim  arose,  file  an  account  and  description  of  property  in 
probate  judge’s  office.  Laborers  must  do  the  same  within  thirty  days, 
and  every  other  person  within  four  months. 


200 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Arizona. — Artisans,  builders,  etc.,  performing  labor  and  furnishing 
material  for  the  construction  or  repair  of  any  building  or  any  super¬ 
structure,  have  a  lien  for  their  payment,  as  also  have  repairers  of  per 
sonal  property. 

Judgments  are  liens  for  two  years  on  real  estate. 

Arkansas. — Artisans,  builders,  etc.,  have  liens  for  labor  and  materials 
furnished  on  any  building.  A  true  account  of  the  same  must  be  filed  in 
the  county  clerk's  office  within  three  months  after  the  debt  is  due.  La¬ 
borers  also  have  a  lien  on  their  product. 

Judgments  obtained  in  circuit  court  are  liens  for  three  years  on  real 
estate  in  the  county.  Justice's  judgments  become  a  lien  on  filing  a 
transcript  with  the  clerk  of  the  circuit  court. 

California. — Mechanics,  material  men,  architects,  and  laborers  of 
every  class,  giving  labor  or  material  to  the  construction,  repair,  etc.,  of 
any  mining  claim,  building,  ditch,  fence,  machinery,  railroad,  road,  or 
other  structure,  have  liens  upon  the  property  upon  which  they  have 
worked  or  furnished  material.  A  claim  of  lien  must  be  filed  in  the 
county  recorder’s  office  within  sixty  days  after  the  completion  of  the 
structure  by  the  original  contractor,  and  within  thirty  days  by  a  sub¬ 
contractor  or  material  man,  and  suit  must  be  brought  in  the  superior 
court  within  ninety  days  after  filing  the  claim. 

Judgments  are  liens  on  real  estate  for  two  years. 

Colorado. — Mechanics  and  others  have  liens  for  labor  done  and  ma¬ 
terial  furnished  on  contract,  express  or  implied,  to  any  amount,  by  filing 
a  sworn  statement  of  the  claim  in  the  recorder’s  office  and  beginning  ac¬ 
tion  within  six  months  after  filing. 

Judgments  become  liens  on  real  estate  by  filing  an  abstract  thereoi 
with  the  clerk  and  recorder  of  any  county  where  the  land  is  situated. 

Connecticut. — Boarding-house  keepers  have  liens  and  may  sell  the 
effects  of  all  boarders  after  sixty  days.  Material  men  furnishing  over 
twenty-five  dollars’  worth  have  liens  if  a  statement  of  the  material  fur¬ 
nished  is  filed  with  the  town  clerk,  or  in  case  of  a  railroad,  in  the  office 
of  the  secretary  of  state,  within  sixty  days,  and  the  foreclosure  be  com¬ 
menced  within  two  years.  Lien  on  vessels  for  labor  or  materials  may  be 
had  if  a  statement  is  recorded  in  town  clerk’s  office  within  ten  days. 

Judgments  are  liens  on  real  estate  and  are  foreclosed  the  same  as  mort¬ 
gages,  if  statement  of  same  is  recorded  in  the  office  of  the  clerk  of  the 
town  where  the  real  estate  is  situated. 

Dakota. — Mechanics  or  other  persons  doing  work  on  or  furnishing 
materials  for  any  building,  erection,  or  improvements  on  land,  have  a 
lien  on  the  building  and  land  on  which  it  is  situated.  Notice  of  the  same 
must  be  filed  by  the  contractor  in  ninety  days,  and  by  sub-contractor 
within  sixty  days  after  the  debt  arose.  If  collateral  security  is  taken  on 
the  same  contract,  there  is  no  lien. 

Judgments  are  a  lien  on  real  estate  for  ten  3rears  after  docketing  in  the 
office  of  clerk  of  the  county  where  the  land  is  situated. 

Delaware. — Every  person  performing  work  or  furnishing  materials 
to  an  amount  exceeding  twenty-five  dollars,  ha3  a  lien.  The  contractor 


HOW  TO  BE  YOUR  OWN  LAWYER. 


201 


must  tile  a  statement  of  his  claim  within  thirty  days  and  others  withm 
ninety  days.  This  lien  extends  to  vessels,  but  a  bill  of  particulars  must 
be  filed  within  four  days  after  launching.  There  is  no  priority  of  liens 
All  share  proportionally. 

Judgments  are  liens  on  real  estate  for  twenty  years  from  the  time  of 
entering  the  same. 

Executions  actually  levied  are  liens  for  three  years.  One  month's  wages 
not  exceeding  fifty  dollars  are  a  first  lien  on  employer’s  real  estate  in 
Newcastle  county,  and  must  be  first  satisfied  out  of  any  sale  of  the  same. 

District  op  Columbia. — A  landlord  has  a  “tacit  lien”  on  a  tenant’s 
goods  on  the  premises  enforceable  by  attachment. 

Any  person  who  performs  labor  or  furnishes  materials  to  an  amount 
exceeding  twenty-five  dollars  on  building,  lias  a  lien  on  the  grounds.  A 
statement  of  the  claim  must  be  filed  in  clerk’s  office  within  three  months 
after  the  completion  of  the  building.  The  lien  can  be  enforced  in  equity 
by  bill  at  any  time  within  one  year  after  completion  of  building. 

Judgments  are  liens  on  real  estate. 

Florida. — Mechanics  and  all  other  persons  furnishing  work  or  ma¬ 
terials  for  the  construction  or  repair  of  any  building,  may  have  a  lien  on 
the  building  and  ground. 

Sub-contractors  and  laborers  performing  work  or  furnishing  materials, 
may  have  a  lien  by  giving  notice  in  writing  to  the  owner  that  he  is  held 
responsible  to  the  extent  of  the  amount  he  owes  to  the  contractor. 

Agricultural  laborers  have  a  lien  on  the  crops  cultivated  by  them. 

Laborers  on  railroad  or  in  manufactory  have  a  first  lien. 

Claims  for  rent  are  a  lien  on  the  crops  raised  on  the  land  rented,  and 
are  superior  to  other  liens  of  an  older  date. 

Judgments  are  liens  on  real  estate  in  counties  where  recorded. 

Georgia. — Mechanics  who  have  no  personal  security,  have  a  lien  on 
the  property  built  or  repaired  by  them,  without  regard  to  the  title 
to  the  same.  The  lien  must  be  filed  within  three  months  after  com¬ 
pletion  of  the  work,  in  the  clerk’s  office  of  the  county  where  the  land  lies 
and  action  commenced  within  one  year  from  the  time  the  debt  is  due. 

Machinists  have  the  same  lien  for  labor  and  supplies. 

Officers  and  employes  of  steamboats  and  other  craft  have  a  lien  of 
the  highest  dignity  for  wages  and  supplies,  enforceable  by  summary 
process. 

Laborers  and  mechanics,  millwrights,  stone-cutters,  and  marble  com¬ 
panies  have  a  similar  lien. 

Idaho. — Every  person  performing  labor  upon,  or  furnishing  materials 
for  any  construction,  has  a  lien  upon  it  for  the  same.  Sub-contractors 
and  other  persons  performing  labor,  or  furnishing  materials  to  the  con¬ 
tractor,  may  serve  the  owner  with  notice  and  also  have  a  lien,  which 
can  not,  however,  exceed  what  the  owner  owes  the  contractor. 

Every  contractor  must,  within  sixty  days,  and  every  other  person 
within  thirty  days  after  the  completion  of  the  building,  file  or  record 
with  the  recorder  of  the  county  where  the  property  is  situated,  a  claim 
stating  his  demand.  Suit  on  the  same  must  be  begun  within  ninety  days 
after  filing. 


9* 


202 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Judgments  are  liens  two  years  after  docketing  in  the  county. 

Illinois. — Persons  furnishing  labor,  or  materials,  or  services  as  archi¬ 
tect  or  superintendent  under  contract  with  the  owner  of  a  lot  for  any 
building,  are  entitled  to  a  lien  on  the  building  and  lot  for  the  amount  due. 

Sub-contractors  and  workmen  have  a  lien  to  the  amount  due  the  con¬ 
tractor. 

The  original  contractor  must  give  notice  of  his  lien  within  six  months 
after  the  last  payment  is  due.  The  sub-contractor  must  give  notice 
within  forty  days  after  payment  should  have  been  made  to  him,  and  he 
may  enforce  his  lien  within  three  months  from  the  completion  of  the  sub¬ 
contract.  All  the  lien  holders  may  be  brought  into  court  by  petition, 
and  secure  a  distribution  of  the  whole  amount  due  the  contractor.  Con¬ 
tractors,  material  men,  and  employes  of  a  railroad  have  a  lien  which 
must  be  enforced  within  six  months. 

Judgments  are  liens  on  real  estate  for  seven  years. 

Indiana.  —Mechanics  and  other  persons  have  liens  on  buildings,  and 
on  the  real  estate  on  which  they  are  erected,  if  notice  is  filed  in  the  re¬ 
corder’s  office  within  sixty  days"  after  the  completion  of  the  work.  There 
is  the  same  lien  on  boats,  etc.  A  mortgage  for  purchase  money  has  pref¬ 
erence  over  prior  judgment.  Companies  making  levees,  dikes,  drains, 
and  ditches,  have  a  lien  on  the  land  for  the  benefits.  Contractors  on  rail¬ 
roads  have  liens. 

In  case  of  a  tenant  on  shares,  landlord  has  lien  on  the  crop. 

Judgments  are  a  lien  on  real  estate  for  ten  years. 

Iowa. — Mechanics  have  liens  on  buildings  and  improvements  made, 
and  upon  the  land  belonging  to  the  proprietor  on  which  the  same  are  sit¬ 
uated. 

The  contractor,  to  perfect  his  lien,  must  file  a  true  account  of  the  de¬ 
mand  due  him,  with  the  clerk  of  the  district  court  within  ninety  days, 
and  the  sub-contractor  within  thirty  after  the  debt  arose.  If  for  repairs, 
the  mechanic  has  a  lien  on  the  enhanced  value.  These  liens  are  assign¬ 
able. 

Judgments  are  liens  on  real  estate  for  ten  years. 

Kansas. — Any  mechanic  who  shall  under  contract  with  the  owner 
make  any  erection  or  improvement,  plant  trees,  or  make  fences,  shall 
have  a  lien  on  the  whole  property,  and  if  a  note  be  taken  for  the  sum  due, 
it  is  sufficient  to  file  a  copy  of  the  note,  with  a  sworn  statement  that  it 
was  so  given  for  such  work  or  material. 

A  sub-contractor,  or  any  one  under  him,  may  have  a  lien  by  filing  a 
statement,  but  only  to  the  amount  the  owner  owes  the  contractor. 

Lien  must  be  filed  within  four  months,  and  action  brought  within  one 
year. 

Judgments  are  liens  on  real  estate  for  five  years. 

Kentucky. — Mechanics  and  material  men  have  liens  by  filing  a  state 
ment  within  sixty  days,  and  bringing  an  action  within  one  year.  Sub 
contractors  and  laborers  may  give  notice  to  the  employer,  and  have  a  lien 
to  the  extent  of  the  sum  owed  the  contractor. 

Judgments  are  not  liens  on  real  estate. 

Louisiana. — Liens  are  given  on  the  crops  for  the  salary  of  the  overseei 


HOW  TO  BE  YOUR  OWN  LAWYER. 


203 


for  the  current  year.  A  workman  has  a  lien  on  the  thing  made  or  re¬ 
paired  by  him.  Liens  are  given  for  rent  on  crops,  and  everything  used  in 
working  the  farm.  Mechanics  have  liens  on  buildings,  and  the  furnisher 
of  materials  on  buildings. 

Judgments  are  liens  on  real  estate. 

Maine. — Liens  are  given  on  buildings  and  lot  for  labor  performed  and 
materials  furnished,  if  a  statement  of  the  claim  is  filed  in  the  town  clerk’s 
office  within  ninety  days,  or  thirty  days  if  there  was  no  contract.  On 
house,  on  leased  land  for  ground  rent  accruing  within  six  months.  On 
time,  for  services  in  digging  and  hauling  rock.  On  granite  and  slate 
for  quarrying,  etc.  On  bricks,  for  labor  or  material  furnished.  On  logs 
and  lumber  and  hemlock  bark,  for  services. 

Maryland. — Mechanics  and  material  men  have  liens  on  all  construc¬ 
tions  for  work  or  material,  if  a  statement  of  it  is  filed  within  six  months 
after  the  last  work  is  done.  These  liens  last  five  years.  Similar  liens  on 
vessels  last  only  two  years.  Kent,  Calvert,  and  St.  Mary’s  counties  are 
exempt  from  the  lien  law  except  as  to  shipping. 

Judgments  are  liens  on  real  estate. 

Massachusetts.  —  Any  person  performing  labor  or  furnishing  ma¬ 
terials  for  any  structure,  has  a  lien  upon  it,  and  upon  the  owner’s  interest 
in  the  lot. 

In  order  that  a  lien  may  attach,  notice  must  be  given  to  the  owner  of 
the  property,  that  a  lien  will  be  claimed  if  the  owner  is  not  the  purchaser 
of  the  materials. 

A  statement  of  the  lien  must  be  filed  in  the  county  register’s  office 
within  thirty  days  after  the  work  is  done. 

Bait  for  enforcing  the  lien  must  be  brought  within  ninety  days  from 
the  same  time. 

Vessels  are  subject  to  liens  for  labor  and  material.  The  effects  of 
boarders,  except  sailors,  are  subject  to  liens  for  board  due.  Animals 
pastured  are  subject  to  a  lien  for  pasturage  due. 

Michigan. — Any  person  performing  labor  or  furnishing  materials  on 
any  structure,  has  a  lien  on  it  and  on  the  interest  of  the  owner  in  the 
land  or  lots  upon  which  the  improvement  is  made. 

Written  notice  of  the  lien  must  be  filed  within  thirty  days,  in  the 
office  of  the  register  of  the  county,  and  lasts  sixty  days,  before  the  expi¬ 
ration  of  which,  proceedings  must  be  commenced  to  enforce  it. 

Minnesota. — Whoever  furnishes  labor  or  materials  for  any  structure 
or  boat,  has  a  lien  on  the  structure  and  the  lot  or  land  on  which  the  same 
is  situated. 

A  statement  of  the  lien  must  be  filed  within  one  year,  in  the  county 
register’s  office,  and  the  lien  lasts  two  years. 

Sub-contractor,  or  any  one  under  him,  shall  file  his  lien  within  sixty 
days. 

Owners  may  prevent  liens  by  requiring  contractors  to  give  bonds  for 
their  benefit,  and  post  notices  of  the  same  on  the  premises. 

J udgments  are  liens  on  real  estate  for  ten  years. 

Mississippi.— The  lessor  of  land  has  a  lien  on  the  crops  for  rent  and 
any  supplies  furnished  the  tenant.  Employers  have  a  lien  on  a  laborer’s 


204 


HOW  TO  BE  YOUR  OWN  LAWYER. 


share  of  crop?  for  supplies  furnished  the  laborer,  and  laborers  have  liens 
on  crops  which  they  help  make  for  their  vpork.  These  liens  are  prior  to 
all  others  and  exist  without  writing*. 

Mechanics  and  others  have  liens  on  the  structure  and  lot  for  all  labor 
or  materials  furnished  in  construction  or  repairs.  The  lien  is  good  only 
from  the  time  the  contract  for  such  labor  or  materials  is  filed  in  the 
chancery  clerk’s  office  of  the  county.  Suit  must  be  brought  within  six 
months  from  time  when  debt  is  due. 

Judgments  are  liens  on  all  property. 

Missouri.— Mechanics  and  others  furnishing  labor  and  materials  on 
any  structure  have  liens  on  it  and  the  lot  on  which  it  stands. 

Contractors  must  file  their  lien  in  the  clerk’s  office  within  six  months, 
laborers  and  journeymen  within  thirty  days,  and  all  otheis  within  four 
months.  Sub-contractors,  laborers,  and  journeymen  must  give  the 
owner  ten  days’  notice  of  their  intention  to  file  their  liens. 

Judgments  are  liens  on  real  estate  in  counties  where  recorded,  and 
last  three  years. 

Montana. — Mechanics  and  laborers  have  liens  on  any  property  they 
contribute  to  improve.  Contractors  must  file  their  statement  of  the  lien 
in  the  office  of  the  county  recorder  within  ninety  days  after  finishing  the 
job,  sub-contractors  within  thirty  days,  first  giving  the  owner  notice  of 
their  intention.  Suit  must  be  brought  by  contractors  within  one  year, 
and  by  sub-contractors  within  ninety  days  from  time  of  filing  the  lien. 

Judgments  are  liens  on  real  estate  for  six  years. 

Nebraska. — Mechanics,  contractors,  and  material  men’s  liens  are 
obtained  by  filing  an  account  of  the  items  under  oath,  in  the  clerk’s 
office,  wdthin  four  months  after  furnishing  such  materials,  or  wood  and 
labor,  and  last  two  years  after  filing. 

Mechanics’  liens  are  assignable. 

Judgments  are  liens  on  real  estate. 

Nevada. — Mechanics  and  others  have  liens  for  labor  and  materials 
furnished  on  any  building  or  construction.  The  claim  must  be  filed  by 
a  contractor  within  sixty  days  after  the  completion  of  the  building,  and 
by  a  sub-contractor  within  thirty  days  after  the  last  work  or  materials 
furnished.  The  lien  expires  within  six  months. 

Wood -cutters  have  liens  on  wood  or  timber  while  they  retain  posses¬ 
sion  for  sixty  days. 

Judgments  are  liens  on  real  estate  for  two  years. 

New  Hampshire. — Laborers  and  persons  furnishing  materials  to  the 
amount  of  fifteen  dollars  have  liens  on  the  building  and  lot  for  ninety 
days. 

Laborers  on  wood,  etc.,  have  the  same. 

Boarding-house  keepers  have  a  lien  on  baggage  and  goods  of  boarders. 

Pasturers  have  liens  on  the  animals  pastured. 

These  liens  of  laborers  may  be  secured  by  attachment  within  the  time 
specified. 

New  Jersey. — Persons  furnishing  labor  and  materials  have  liens  on 
the  building  and  lot.  A  claim  must  be  filed  within  a  year  after  the  labor 
is  performed  or  material  furnished,  in  the  clerk’s  office  of  the  county 


HOW  TO  BE  YOUR  OWN  LAWYER. 


205 


where  the  building  is  situated.  Summons  to  enforce  the  lien  must  be 
issued  in  the  same  time. 

Judgments  are  liens  on  real  estate. 

New  Mexico. — Persons  have  a  lien  on  a  building  for  labor  performed 
and  materials  furnished  thereon,  if  claim  is  filed  within  sixty  days,  and 
suit  commenced  within  one  year  after  the  debt  is  due. 

Landlords  have  a  lien  on  tenant's  property  for  rent  due. 

Common  carriers  have  liens  on  the  property  carried  for  the  amount  of 
the  freight. 

Judgments  are  liens  on  real  estate. 

New  York. — Any  one  who  furnishes  labor  or  materials  under  a  con¬ 
tract  on  any  building  has  a  lien  on  the  premises,  but  for  not  more  than 
the  contract  price  or  value  of  the  labor  or  materials.  Notice  of  the  lien 
must  be  filed  within  thirty  days  after  the  debt  is  due,  and  proceedings  to 
enforce  the  lien  must  be  begun  within  a  year  thereafter. 

Judgments  are  liens  on  real  estate  for  ten  years. 

North  Carolina. — Mechanics  have  liens  on  buildings  built  or  re¬ 
paired,  and  on  the  lot. 

Sub-contractors,  laborers,  and  material  men  can  have  a  lien  by  giving 
the  owner  notice  before  he  has  settled  with  the  contractor,  and  filing 
notice  of  lien. 

Agricultural  laborers,  persons  making  advances  to  cultivators,  and 
owners  of  stud-horses  and  jackasses  have  liens. 

J udgments  are  liens  on  real  estate  for  ten  years. 

Ohio.— Any  one  performing  labor  or  furnishing  materials  for  con¬ 
structing  or  building  any  structure  or  vessel,  has  a  lien  thereon  by  filing  a 
statement  for  record  in  the  recorder’s  office  of  the  county  within  four 
months  after  the  debt  is  due.  The  lien  lasts  two  years  from  time  of  filing. 

J  udgments  are  liens  on  real  estate  for  five  years. 

Oregon. — Mechanics  and  material  men  have  liens  for  work  and 
materials  for  twelve  months.  Notice  of  the  lien  must  be  filed  in  the 
county  clerk’s  office. 

Judgments  are  liens  on  real  estate  for  ten  years. 

Pennsylvania. — Buildings  are  subject  to  liens  of  laborers,  mechanics, 
and  material  men,  if  the  same  are  filed  within  six  months. 

Laborers  and  others  have  a  lien  upon  the  mine,  factory,  or  property 
used  in  carrying  on  business,  to  the  extent  of  the  employe’s  interest. 

The  lien  lasts  five  years. 

Judgments  are  liens  on  real  estate  for  five  years. 

Rhode  Island. — All  persons  working  upon  or  furnishing  materials 
for  any  building  or  improvement,  have  a  lien  on  the  same  for  payment. 

Sub-contractors  and  others  under  the  contractor,  must  give  the  owner 
notice  within  thirty  days  after  commencing  work.  A  claim  for  a  lien 
must  be  filed  with  the  town  clerk  within  six  months  after  commencing 
work,  or  four  months  after  default  of  payment,  under  a  written  contract. 

South  Carolina. — Liens  are  given  to  secure  advances  for  agricultural 
purposes,  to  mechanics  furnishing  labor  or  materials  on  building0,  im¬ 
provements  of  land  or  on  vessels. 


206 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Judgments  are  liens  on  real  estate  for  ten  years. 

Tennessee. — Every  person  performing  labor  or  furnishing  materials 
on  a  building  or  improvements  has  a  lien  thereon,  and  on  the  lot  on 
which  it  is  situated. 

Any  person  under  the  contractor  performing  labor  or  furnishing  ma¬ 
terials,  may  have  a  lien  by  notifying  the  owner,  and  a  lien  precedes  a 
mortgage  if  the  mortgagee  is  notified. 

Landlords  have  a  lien  on  the  crop  for  rent,  and  supplies  furnished  the 
tenant. 

Farm  laborers  have  a  lien  on  the  crop,  second  to  the  landlord's  lien. 

Judgments  are  liens  on  real  estate  for  one  year. 

Texas. — Mechanics  and  others  have  liens  on  buildings  for  labor  or  ma¬ 
terials  furnished. 

Landlords  have  a  lien  on  the  crop  for  rent  or  supplies  furnished  the 
tenant. 

City  landlords  have  liens  on  tenants'  property  for  rent. 

Hotels  and  boarding-house  keepers  have  liens  on  baggage,  and  livery- 
stable  keepers  have  liens  on  teams  left  on  livery. 

Judgments  are  liens  for  ten  years  on  real  estate. 

Utah. — Liens  on  buildings  and  improvements,  and  the  lots  upon  which 
they  are  situated,  are  given  to  every  person  performing  labor  or  furnish¬ 
ing  materials  on  filing  in  the  recorder’s  office  a  notice  of  intention  to  hold 
such  lien  within  three  months  after  the  building  is  finished,  and  begin¬ 
ning  suit  within  one  year  from  the  same  time.  This  applies  to  mines 
and  miners. 

Judgments  are  liens  on  real  estate  for  five  years. 

Vermont. — Mechanics  have  liens  for  work  or  materials  furnished  in 
erecting  and  repairing  buildings  on  the  buildings  and  lot  by  filing  a  mem¬ 
orandum  of  the  same  in  the  town  clerk's  office,  and  beginning  action 
within  three  months  after. 

Virginia. — Liens  are  given  to  all  who  perform  labor  or  furnish  ma¬ 
terials  for  the  improvement  of  property.  Liens  are  also  given  on  the 
crops  for  advancements  made.  Boarding-house  keepers  have  liens  on 
the  baggage  and  effects  of  boarders. 

Washington. — Liens  are  given  on  vessels,  lumber,  building,  or  im¬ 
provement  to  any  laborer  or  material  man  furnishing  labor  or  materials. 

A  farm  laborer  has  a  lien  on  crops.  Notice  of  liens  must  be  filed 
within  thirty  days  after  the  debt  becomes  due,  and  action  must  be 
brought  within  one  year. 

Judgments  are  liens  on  real  estate  for  five  years. 

West  Virginia. — All  persons  who  perform  labor  upon,  or  furnish 
materials  for  any  building,  have  a  lien  on  the  building  and  lot  for  the 
value  of  such  labor  or  materials  if  a  statement  is  filed  within  sixty  days. 
Any  one  under  the  contractor  must  give  the  employer  notice  of  his  lien 
within  thirty  days.  Suit  must  be  brought  within  six  months. 

Employes  of  incorporated  companies  shall  have  a  lien  for  wages  on 
all  the  personal  and  real  property  of  the  company,  if  within  sixty  days 
after  they  cease  working,  records  of  a  true  account  of  the  amount  due 
them  be  sent  to  the  county  clerk’s  office. 


IIOW  TO  BE  YOUR  OWN  LAWYER. 


20 1 


Suit  must  be  brought  within  six  months  after  filing. 

A  similar  lien  is  given  on  steamers. 

Judgments  are  liens  on  real  estate. 

Wisconsin. — Every  building  is  subject  to  a  lien  for  the  value  of  labor 
performed  or  materials  furnished  in  the  course  of  its  erection,  if  petition 
for  the  lien  is  filed  with  the  clerk  of  the  county  where  the  property  is 
situated,  and  action  brought  within  one  year. 

Sub-contractors  and  all  under  the  contractor  must  give  the  owner  thirty 
days’  notice  of  their  claim. 

Judgments  are  liens  on  real  estate  for  ten  years. 

Wyoming. — Mechanics  and  material  men  are  given  liens  for  labor  per¬ 
formed  and  materials  furnished  in  building  or  repairing  buildings. 

The  claim  must  be  filed  within  sixty  days  from  the  time  the  work  is 
finished,  and  an  action  begun  within  one  year. 

Common  carriers  are  given  a  lien  on  the  goods  transported  by  them 
for  charges. 

Judgments  are  liens  on  real  estate  for  five  years. 


LIMITATIONS. 

The  statute  of  limitations  places  a  limit  to  the  time  within  which  a 
suit  must  be  brought  upon  any  cause  of  action.  After  the  expira¬ 
tion  of  this  limitation  no  suit  can  be  brought  for  the  recovery  of  a  debt. 
A  partial  payment  on  a  debt  revives  it,  and  an  acknowledgment  of  it  in 
writing  has  the  same  effect ;  in  either  of  the  two  cases  the  limitation  is 
computed  again  from  time  of  partial  payment  or  acknowledgment.  The 
limited  time  is  computed  from  the  time  when  the  debt  is  due,  or  if  there 
has  been  a  payment,  then  from  that  time,  or  from  the  time  when  a  suit 
could  be  successfully  maintained. 

If  a  demand  is  necessary  to  make  a  debt  due,  the  time  mentioned  in 
the  statute  does  not  commence  to  run  until  such  demand  has  been  made. 
If  an  action  is  based  on  fraud,  the  time  limited  does  not  begin  to  run 
until  the  fraud  is  discovered.  If  the  person  against  whom  an  action 
could  be  brought  is  out  of  the  State,  the  time  of  his  absence  is  to  be  de¬ 
ducted  from  the  time  limited.  If  he  is  under  the  disability  of  infancy, 
lunacy,  or  other  such  disability  to  sue,  including  marriage  of  women 
where  that  is  a  disability  to  sue,  the  time  will  be  extended  until  after 
such  disability  is  ended. 

The  benefits  of  the  statute  of  limitations  are  waived  by  a  distinct 
promise  usually  required  to  be  in  writing  to  pay  a  debt,  and  the  time  be 
gins  to  run  again  from  the  date  of  such  promise. 


208 


now  TO  BE  YOUR  OWN  LAWYER. 


The  following  are  the  laws  of  the  different  States  bearing  on  this 
subject : 

Alabama. — Within  twenty  years  suit  by  State  must  be  brought  against 
a  citizen  thereof  for  the  recovery  of  real  property,  also  actions  on  judg¬ 
ments  ;  within  ten  years  on  sealed  contracts,  for  the  recovery  of  lands,  etc., 
and  against  sheriffs,  coroners,  constables  and  all  public  officers  ;  within  six 
years  actions  for  trespass,  actions  on  a  promise  in  writing,  or  for  the  re¬ 
covery  of  money,  or  against  sureties,  of  public  officers  or  of  executors, 
etc. ,  must  be  brought ;  within  five  years,  any  action  on  simple  contract, 
or  founded  on  equity  of  redemption  ;  within  three  years,  actions  to  re¬ 
cover  money  on  unliquidated  account ;  within  one  year,  actions  for  as¬ 
sault  and  battery,  false  imprisonment  and  other  actions  founded  on  a 
wrong. 

Arizona. — An  action  on  a  judgment  must  be  brought  within  five 
years  from  the  time  when  the  judgment  was  obtained  ;  within  four  years, 
on  written  contracts  ;  within  three  years,  on  a  liability  created  by  statute, 
except  a  penalty  for  trespass,  for  specific  recovery  of  personal  property, 
actions  arising  out  of  fraud ;  within  two  years,  on  simple  contract,  on 
open  account  against  sheriff,  coroner  or  constable  ;  within  one  year,  on 
a  statute  for  penalty  or  forfeiture  for  libel,  slander,  assault,  battery,  or 
false  imprisonment. 

Arkansas. — Actions  for  the  recovery  of  real  estate  must  be  brought 
within  seven  years  from  the  time  when  the  cause  of  action  arose  ;  within 
ten  years  on  judgments  and  on  bonds  ;  within  five  years  on  promissory 
notes  and  other  instruments  in  writing ;  within  three  years  on  simple 
contracts  ;  within  one  year  for  wrongfully  taking  goods. 

California. — Actions  for  the  recovery  of  real  estate  must  be  brought 
within  five  years  from  the  time  when  the  cause  of  action  arose ;  the 
State  has  ten  years  within  which  to  bring  an  action  on  judgment ;  actions 
must  be  brought  within  four  years  on  any  contract  in  writing ;  within 
three  years  on  liability  created  by  statute,  except  a  penalty,  for  trespass, 
for  wrongful  taking  of  personal  property,  or  on  account  of  fraud  ;  within 
two  years  on  simple  contract,  against  a  sheriff,  or  for  damages  for  the 
death  of  one  caused  by  the  neglect  or  wrongful  act  of  another  ;  within 
one  year  for  a  penalty  given  by  statute  on  an  undertaking  in  a  criminal 
action,  an  action  for  slander,  libel,  assault,  battery,  or  false  imprison¬ 
ment,  or  seduction  ;  an  action  must  be  brought  within  six  months  against 
an  officer  to  recover  goods  by  such  officer  as  tax-collector,  or  to  recover 
stock  sold  for  a  delinquent  assessment. 

Colorado. — Actions  upon  judgments  of  courts  not  of  record  must  b* 
brought  within  six  years  from  time  when  the  judgment  was  obtained, 
also  for  rent,  for  waste  or  trespass  on  land,  for  taking  or  injuring  per¬ 
sonal  property  ;  within  one  year  action  must  be  brought  for  assault  and 
battery,  false  imprisonment,  slander,  libel,  and  actions  against  sheriffs, 
except  for  escapes,  which  must  be  brought  within  six  months  ;  within 
three  years  in  all  other  personal  actions. 

Connecticut. — Action  against  adverse  claimant  of  real  estate  must  be 
brought  within  fifteen  years  from  time  when  the  cause  of  action  arose ; 


HOW  TO  BE  YOUR  OWN  LAWYER. 


209 


within  five  years  on  bonds  and  non-negotiable  promissory  notes  ;  within 
six  years  on  simple  contracts ;  within  three  years  on  express  contracts 
not  in  writing,  trespass,  and  slander  ;  within  two  years  against  sheriffs  ; 
within  one  year  for  forfeitures  on  any  penal  statute,  and  on  bonds  for 
costs  or  on  appeal ;  within  three  years  prosecutions  for  treason  and 
State's  prison  offences  ;  within  one  year  for  damages  for  loss  of  life,  and 
upon  promissory  notes  obtained  by  fraud  after  notice,  or  six  months  after 
maturity. 

Dakota. — Actions  for  real  property  must  be  brought  within  twenty 
years  from  the  time  when  the  cause  of  action  arose,  except  that  the  Ter¬ 
ritory  is  allowed  forty  years  within  which  to  bring  an  action ;  within 
twenty  years  on  a  judgment  or  sealed  instrument  ;  within  six  years  upon 
a  contract  or  liability,  or  upon  a  liability  created  by  statute  other  than  a 
penalty  for  trespass,  for  taking  or  injuring  any  goods,  including  actions 
for  the  specific  recovery  of  personal  property,  an  action  for  criminal  con¬ 
versation,  or  for  any  other  injury  to  the  rights  of  another  ;  within  three 
years  against  sheriffs,  upon  a  statute  for  a  penalty  ;  within  two  years  for 
slander,  libel,  assault,  battery,  or  false  imprisonment,  actions  on  a  statute 
for  a  forfeiture  to  the  people  of  the  Territory  ;  within  one  year  against 
sheriff  for  an  escape. 

Delaware. — Action  in  reference  to  right  of  entry  into  any  lands  or 
tenements  must  be  brought  within  twenty  years  from  the  time  the  cause 
of  action  arose ;  within  six  years  on  notes,  bills,  or  acknowledgments 
under  hand  of  a  subsisting  demand  ;  within  three  years  of  trespass,  re¬ 
plevin,  detinue,  debt  not  of  record  or  on  specialty,  account,  assumpsit,  or 
case. 

District  of  Columbia. — Actions  on  administration  bonds,  on  bill, 
bond,  or  judgment,  must  be  brought  within  twelve  years  from  the  time 
when  the  cause  of  action  arose  ;  within  three  years  on  simple  contract, 
bills  and  notes  account,  debt,  detinue,  replevin,  and  trespass  ;  within 
one  year  for  slander,  trespass,  assault,  battery,  wounding,  and  imprison¬ 
ment. 

Florida. — Actions  for  real  property  must  be  brought  within  seven 
years  from  the  time  when  the  cause  of  action  arose  ;  within  twenty  years 
upon  judgments  or  sealed  writing ;  within  five  years  on  other  writing  ; 
within  three  years  for  liability  created  by  statute,  except  penalty  for 
trespass,  for  taking  or  injuring  goods,  or  specific  recovery  of  goods,  for 
fraud  ;  within  two  years  on  statute  for  penalty,  for  libel,  slander,  assault, 
or  false  imprisonment,  on  open  account. 

Georgia. — Actions  for  title  to  lands  must  be  brought  within  twenty 
years  from  the  time  when  the  cause  of  action  arose,  or  seven  years  where 
a  person  has  written  evidence  of  title ;  within  four  years  for  personal 
property  ;  within  twenty  years  on  bonds,  or  for  rights  given  by  statute, 
or  acts  of  incorporation,  or  by  operation  of  law ;  within  six  years  on 
notes  or  contracts  in  writing  ;  within  four  years  on  open  accounts  and 
contracts  not  in  writing ;  within  ten  years  against  executors,  guardians, 
or  trustees  ;  within  four  years  for  trespass  upon  real  property,  and  for 
injuries  to  personalty  ;  within  two  years  for  injuries  to  the  person  ;  within 
one  year  actions  for  injuries  to  the  reputation. 


210 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Idaho. — Actions  for  real  estate  must  be  brought  within  five,  years 
from  the  time  the  cause  of  action  arose,  or  within  six  years  for  mesna 
profits  thereof  ;  within  five  years  actions  on  contracts  in  writing  ;  within 
four  years  on  contracts  not  in  writing ;  within  three  years  on  liability 
created  by  statute,  except  penalties  for  trespass,  for  taking  or  injuring 
goods,  or  for  the  recovery  thereof,  actions  arising  out  of  fraud  ;  within 
one  year  against  an  officer  for  illegal  seizure. 

Illinois. — Actions  for  real  property  must  be  brought  within  twenty 
years  from  the  time  when  the  cause  of  action  arose ;  seven  years'  title 
by  record  constitutes  a  good  title  ;  within  twenty  years  on  judgments  ; 
within  ten  years  on  notes,  bills,  and  written  contracts,  and  for  the  fore¬ 
closure  of  mortgages ;  within  five  years  on  simple,  unwritten  contracts, 
for  injury  to  property,  real  or  personal,  or  for  the  recovery  of  the  latter, 
and  all  civil  actions  not  otherwise  provided  for  ;  within  two  years  for  in¬ 
jury  to  the  person  ;  within  one  year  for  slander. 

Indiana. — Actions  for  injuries  to  person  or  character,  and  for  penalties 
given  by  statute,  must  be  brought  within  twenty  years  from  the  time 
when  the  cause  of  action  arose  ;  within  five  years  against  public  officer  ; 
within  ten  years  for  the  recovery  of  property  sold  to  the  creditor  on  ex¬ 
ecution  ;  within  ten  years  on  notes,  bills,  and  written  contracts  for  the 
payment  of  money  ;  within  twenty  years  on  other  written  contracts,  on 
judgments  for  recovering  real  estate  ;  within  six  years  on  accounts  and 
contracts  not  in  writing,  rent,  for  injuries  to  property,  recovery  of 
goods,  and  for  relief  against  fraud  ;  within  fifteen  years  all  actions  not 
specially  limited  by  statute  must  be  brought. 

Iowa. — Actions  for  injuries  to  person  or  reputation  or  for  a  statute 
penalty,  must  be  brought  within  two  years  from  the  time  the  cause  of 
action  arose ;  within  three  years  against  a  public  officer ;  within  five 
years  on  unwritten  contracts,  or  injuries  to  property  or  for  fraud  ; 
within  ten  years  on  written  contracts,  and  for  the  recovery  of  re.d  estate  ; 
within  twenty  years  on  judgments. 

Kansas. — Actions  for  the  recovery  of  lands,  except  when  sold  by  ex¬ 
ecutor,  etc. ,  or  on  execution,  must  be  brought  within  fifteen  years  from  the 
time  when  the  cause  of  action  arose,  or  within  five  years  for  taxes  ;  within 
two  years  for  forcible  entry  ;  within  five  years  on  contract  in  writing ; 
within  three  years  on  contract  not  in  writing,  or  a  liability  created  by  stat¬ 
ute  other  than  a  penalty ;  within  two  years  for  trespass  on  real  estate  or 
personal  property,  replevin,  injuries  to  rights  not  before  enumerated,  and 
for  relief  from  fraud  ;  within  one  year  for  slander,  assault,  malicious 
prosecution,  false  imprisonment,  or  a  statute  penalty  ;  within  five  years 
on  official  bonds  and  actions  for  relief  not  otherwise  provided  for. 

Kentucky. — Actions  for  the  recovery  of  real  estate  must  be  brought 
within  thirty  years  from  the  time  when  the  cause  of  action  arose ; 
within  fifteen  years  on  contracts  in  writing,  official  bonds,  or  upon  a 
judgment ;  within  five  years  on  contracts,  for  trespass  on  real  or 
personal  property,  on  bills,  notes,  or  accounts  stated,  or  for  fraud  ;  within 
one  year  for  personal  damages  ;  within  two  years  after  the  succeeding 
January,  on  merchants’  accounts  for  goods  sold. 

Louisiana. — Actions  for  the  recovery  of  real  property  must  be 


HOW  TO  BE  YOUR  OWN  LAWYER. 


211 


brought  within  thirty  years  from  the  time  the  cause  of  action  arose ; 
twenty  years  under  paper  title,  or  ten  years  under  paper  title  in  good 
faith ;  within  ten  years  on  judgments  or  stated  accounts ;  within  five 
years  on  notes  or  bills ;  within  three  years  on  open  accounts. 

Maine. — Actions  for  the  recovery  of  real  property  absolutely  must  be 
brought  within  forty  years  from  the  time  the  cause  of  action  arose,  or 
twenty  years  if  no  disability  exists  ;  within  twenty  years  on  judgments  ; 
within  one  year  for  escape  ;  within  two  years  for  assault,  slander,  or  false 
imprisonment ;  within  six  years,  actions  on  contract,  for  rent,  assumpsit, 
waste,  trespass,  replevin,  injury  to  goods,  and  actions  on  the  case ; 
within  twenty  years  on  all  other  personal  actions. 

Maryland. — Actions  for  the  recovery  of  land  must  be  brought  within 
twenty  years  from  the  time  the  cause  of  action  arose ;  within  three  years 
on  open  account,  simple  contract  assumpsit,  replevin,  rents,  trespass,  for 
injuries  to  real  or  personal  property ;  within  twelve  years,  actions  on 
bonds  and  judgments. 

Massachusetts. — Actions  for  the  recovery  of  lands  must  be  brought 
within  twenty  years  from  the  time  the  cause  of  action  arose  ;  within  six 
years,  on  contracts  not  sealed,  for  rents  (except  upon  leases  under  seal) 
for  taking,  detaining,  or  injuring  goods.  All  actions  for  wrongs  must 
be  brought  within  four  years,  except  assault,  slander,  false  imprisonment, 
and  actions  against  executors,  etc.,  sheriffs,  etc.,  assignees,  which  must 
be  commenced  within  tw^o  years  ;  within  twenty  years  actions  must  be 
brought  on  witnessed  notes  by  one  payee,  or  his  personal  representative, 
or  bills  and  notes  issued  by  a  bank,  actions  on  judgments,  and  all  other 
personal  actions  on  contracts  not  limited  by  the  foregoing  provisions. 

Michigan. — Actions  for  the  recovery  of  land,  if  the  person  entitled 
was  out  of  the  United  States  when  his  right  accrued,  must  be  brought 
within  twenty  years  from  the  time  when  the  cause  of  action  arose,  other¬ 
wise  within  fifteen  years  ;  within  ten  years,  wrhen  claimed  under  tax 
deed,  and  within  five  years  when  claimed  under  sheriff’s  or  executor’s 
deed ;  within  ten  years  actions  must  be  brought  on  judgments,  and  on 
contracts  not  otherwise  limited  by  any  law  ;  within  six  years,  actions  on 
contracts,  and  for  taking,  detaining,  or  injuring  goods ;  within  three 
years,  actions  against  sheriffs  ;  within  two  years,  actions  for  slander,  tres¬ 
pass  on  land,  assault,  and  false  imprisonment. 

Minnesota. — Actions  for  real  estate  and  to  foreclose  mortgages  must 
be  brought  within  twenty  years  from  the  time  the  cause  of  action  arose  ; 
within  ten  years,  actions  on  judgments  ;  wuthin  six  years,  actions  on  ex¬ 
press  or  implied  contract,  on  liability  created  by  statute,  and  to  enforce 
a  trust ;  also  actions  for  trespass,  taking  or  injuring  personal  property, 
for  injuries  to  the  person  or  rights  of  another,  and  for  fraud  ;  within  two 
years,  actions  for  slander,  assault,  and  fake  imprisonment. 

Mississippi. — Actions  for  the  recovery  of  land  must  be  brought  within 
ten  years  from  the  time  the  cause  of  action  arose ;  within  six  years, 
actions  on  notes,  bills,  and  written  contracts,  for  the  recovery  of  personal 
property,  waste,  or  trespass  ;  within  seven  years,  actions  on  judgments  • 
within  three  years  on  verbal  contracts  ;  within  one  year,  for  assault, 
slander,  false  imprisonment,  and  replevin. 


212 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Missouri. — Actions  on  written  contracts  and  for  real  estate  must  bs 
brought  within  ten  years  from  the  time  when  the  cause  of  action  arose  ; 
within  five  years  on  simple  contracts,  on  open  accounts,  for  taking  per¬ 
sonal  property  and  for  the  possession  thereof,  for  trespass  on  real  estate 
and  for  fraud  ;  within  three  years,  actions  against  sheriffs  ;  within  two 
years  for  libel,  assault,  false  imprisonment,  and  criminal  conversation. 

Montana. — Actions  on  judgment  or  written  contract  must  be  brought 
within  six  years  from  the  time  that  the  judgment  was  obtained  or 
cause  of  action  arose  ;  within  two  years  for  waste  or  trespass  upon  real 
property,  for  taking  or  injuring  goods,  or  for  the  possession  thereof, 
for  fraud,  on  open  account,  or  against  a  sheriff  ;  within  one  year  for  a 
statute  penalty ;  within  three  years,  actions  for  relief  not  herein  before 
provided  for 

Nebraska. — Actions  for  the  recovery  of  real  estate,  upon  official  or 
penal  bonds,  must  be  brought  within  ten  years  from  the  time  that  the 
cause  of  action  arose ;  within  five  years  on  contract,  agreement  under 
seal,  or  foreign  judgment ;  within  four  years  for  failure  of  consideration 
of  contract,  or  for  the  recovery  of  money  paid  on  same,  for  taking  or  in¬ 
juring  personal  property,  or  for  the  specific  recovery  thereof,  for  fraud 
or  for  trespass ;  within  one  year  for  forcible  entry,  libel,  assault,  false 
imprisonment,  and  for  statute  penalty. 

Nevada. — Actions  for  the  recovery  of  lands  must  be  brought  within 
five  years  from  the  time  that  the  cause  of  action  arose  ;  mining  claims, 
two  years  ;  within  six  years  on  written  contract,  and  on  judgments ;  with¬ 
in  four  years  on  open  accounts,  on  contracts  not  in  writing  ;  within  three 
years  on  a  liability  created  by  statute  except  a  penalty  for  trespass  and 
cor  fraud  ;  within  two  years  against  sheriff,  etc.,  for  a  statute  penalty,  for 
slander,  assault,  or  false  imprisonment. 

New  Hampshire. — Actions  for  the  recovery  of  real  estate,  upon  notes 
secured  by  mortgage  and  upon  judgments  and  bonds,  must  be  brought 
within  twenty  years  from  the  time  that  the  cause  of  action  arose  ;  within 
two  years  for  trespass  to  the  person  and  defamatory  words  ;  within  six 
years  all  other  personal  actions. 

New  Jersey. — Actions  for  the  recovery  of  real  property  must  be 
brought  within  twenty  years  from  the  time  that  the  cause  of  action 
arose  ;  within  sixteen  years  for  rent  on  sealed  lease,  on  sealed  note,  and 
on  award  under  seal ;  within  nine  years  on  sheriff’s  bond,  and  four  years 
on  constable’s  bond  ;  within  six  years  for  trespass,  for  taking  goods  for 
debt  not  on  bond,  account  and  implied  promises  ;  within  four  years  for 
trespass  to  the  person  ;  within  two  years,  action  for  slander. 

New  Mexico. — Actions  on  judgments  must  be  brought  within  twenty 
years  from  the  time  that  the  cause  of  action  arose  ;  within  ten  years  for 
the  recovery  of  real  estate ;  within  six  years  on  bonds,  notes,  and  con¬ 
tracts  in  writing  ;  within  four  years  on  accounts,  unwritten  contracts  for 
injuries  to  property,  for  the  conversion  of  personal  property,  and  for 
fraud  ;  within  two  years  against  sheriffs,  and  for  injuries  to  the  person 
or  reputation. 

New  York. — Actions  to  recover  real  property,  or  upon  a  sealed  in- 


now  TO  BE  YOUR  OWN  LAWYER. 


strument  or  judgment  must  be  brought  within  twenty  years  from  the 
time  when  the  cause  of  action  arose  ;  within  six  years  on  a  contract,  or 
a  statute  liability  except  a  penalty,  or  for  injury  to  property  or  persou, 
or  to  recover  a  chattel  or  for  fraud,  or  to  establish  a  will ;  within  three 
years  against  a  public  officer,  against  an  executor,  receiver,  or  trustee,  or 
for  injury  to  the  person  from  negligence  ;  within  two  years,  action  for 
libel,  assault,  false  imprisonment  or  statute  forfeiture  to  the  State  ;  with- 
in  one  year  against  a  sheriff  for  an  escape  ;  within  ten  years,  actions  for 
all  other  relief. 

North  Carolina. — Actions  for  the  recovery  of  property  must  be 
brought  within  thirty  years  from  the  time  the  cause  of  action  arose,  or 
within  twenty-one  years  if  the  property  is  held  under  a  pretence  of  title  ; 
within  ten  years  on  judgments,  on  sealed  instruments,  for  foreclosure  of 
a  mortgage ;  within  seven  years  on  justice’s  judgment  and  against  the 
personal  representative  by  the  creditor  of  a  deceased  person  ;  within  six 
years  on  official  bonds,  or  ior  injury  to  rights  in  land  ;  wTithin  three  years 
upon  contract,  for  liability  created  by  statute  except  forfeiture,  for  tres¬ 
pass  on  real  property,  for  taking  or  injuring  chattels  or  for  the  recovery 
of  the  same,  for  injuries  to  the  rights  of  others  and  for  fraud,  against  the 
principals  by  sureties,  against  bail ;  within  one  year  actions  against 
sheriffs,  etc.,  for  a  statute  penalty,  for  libel,  assault,  or  false  imprison¬ 
ment. 

Ohio. — Actions  for  the  recovery  of  real  property  must  be  brought 
within  twenty-one  years  from  the  time  the  cause  of  action  arose  ;  within 
two  years  for  forcible  entry  and  detaining  :  within  fifteen  years  on  bond 
or  contract  in  writing ;  within  six  years  on  contracts  not  in  writing,  or 
on  a  liability  created  by  statute,  except  a  penalty  ;  within  four  years  for 
trespass,  for  the  recovery  of  personal  property,  or  for  taking  or  injuring 
the  same,  or  for  injury  to  the  rights  of  the  person  ;  within  one  year  for 
assault,  slander,  or  false  imprisonment,  and  on  a  statute  for  forfeiture ; 
within  ten  years  action  on  official  bonds  and  actions  for  relief  not  enu¬ 
merated. 

Oregon. — Actions  for  the  recovery  of  real  property  must  be  brought 
within  ten  years  from  the  time  the  cause  of  action  arose ;  within  ten 
years  upon  judgments,  and  upon  sealed  instruments  ;  within  six  years  on 
contract,  liability  created  by  statute,  except  a  penalty  for  waste  or  tres¬ 
pass  on  real  property,  and  for  taking  or  injuring  personal  property,  or 
the  recovery  of  the  same  ;  within  three  years  against  sheriff  ;  within  two 
years,  action  for  libel,  assault,  false  imprisonment,  or  criminal  conversa¬ 
tion,  or  for  other  injury  to  the  person  or  rights  of  another. 

Pennsylvania. — Actions  for  the  recovery  of  real  property  must  be 
brought  within  twenty-one  years  from  the  time  that  the  cause  of  action 
arose,  except  that  contracts  in  relation  to  real  estate  must  be  enforced 
within  five  years ;  within  twenty  years  on  judgments,  mortgages,  and 
sealed  instruments  ;  within  six  years  on  notes,  contracts,  and  unsealed  in¬ 
struments  ;  within  two  years  for  trespass  against  the  person  ;  within  one 
year  for  slander. 

Rhode  Island. — Actions  for  the  recovery  of  real  property  and  on  for¬ 
eign  judgments  must  be  brought  within  twenty  years  from  the  time  the 


214 


HOW  TO  BE  YOUR  OWN  LAWYER. 


cause  of  action  arose  or  judgment  was  obtained  ;  within  one  year  action* 
on  the  case  for  words  spoken ;  within  four  years  for  trespass ;  within 
six  years,  actions  on  accounts  upon  promises,  or  on  unwritten  contracts, 
or  for  rent,  and  for  the  detention  or  recovery  of  personal  property. 

South  Carolina. — Actions  by  or  under  the  State  for  the  recovery  of 
real  property  on  a  judgment  or  bond,  except  for  the  payment  of  money 
only,  must  be  brought  within  twenty  years  from  the  time  that  the  cause 
of  action  arose ;  within  ten  years  actions  for  the  recovery  of  real  prop¬ 
erty  ;  within  six  years  on  contracts  and  notes  and  bonds  for  the  payment 
of  money  only  not  secured  by  mortgage,  upon  any  liability  created  by 
statute  except  penalty,  for  trespass  upon  real  property,  for  the  detention 
or  recovery  of  personal  property,  for  any  injury  to  the  rights  or  person 
of  another  not  arising  out  of  contracts,  and  for  fraud  ;  within  three  years 
actions  against  a  sheriff,  except  for  escape,  or  for  a  penalty  given  by  stat¬ 
ute  to  the  person  ;  within  two  years  for  libel,  assault,  false  imprisonment, 
or  statute  penalty  to  the  State  ;  within  one  year  actions  must  be  brought 
against  sheriffs  for  escape  ;  within  ten  years  all  other  actions. 

Tennessee. — Actions  for  the  recovery  of  real  estate  and  for  recovery 
of  demands  against  a  deceased  person  must  be  brought  within  seven 
years  from  the  time  that  the  cause  of  action  arose ;  within  ten  years 
against  guardians,  executors,  and  public  officers  on  their  bonds  and  on 
judgments ;  within  six  years  actions  against  guardians,  executors,  sher¬ 
iffs,  and  other  public  officers  for  malfeasance  in  office  ;  within  three  years 
for  injuries  to  personal  or  real  property,  or  for  the  detention  of  personal 
property  ;  within  six  months,  actions  of  slander  ;  within  one  year  of  libel, 
injuries  to  the  person,  and  statutory  penalties  ;  within  six  years  actions 
upon  notes,  bonds,  accounts,  and  contracts  generally. 

Texas. — Actions  for  the  recovery  of  real  estate  held  without  title,  must 
be  brought  within  ten  years  from  the  time  that  the  cause  of  action  arose, 
or  within  five  years  if  held  under  a  deed,  or  three  years  if  held  in  regular 
chain  of  title  ;  within  ten  years,  actions  on  judgments,  or  on  contracts  to 
convey  lands  ;  within  four  years  on  contract  in  writing,  or  on  account  be¬ 
tween  merchants,  or  on  the  bond  of  executor  or  guardian  ;  within  two 
years  for  injuries  to  property  and  for  detaining  personal  property,  or 
account  except  between  merchants  ;  within  one  year  for  injuries  to  the 
person. 

Utah. — Actions  for  the  recovery  of  real  property  must  be  brought 
within  seven  years  from  the  time  that  the  cause  of  action  arose  ;  within  five 
years  on  a  judgment ;  within  four  years  on  contracts  in  writing  ;  within 
three  years  on  liability  created  by  statute,  except  penalty,  trespass,  for 
the  recovery  of  personal  property,  or  detaining  or  injuring  the  same,  or 
for  fraud  ;  within  two  years  on  contracts  not  in  writing,  open  accounts 
against  sheriffs,  etc.;  within  one  year  for  statute  penalty  for  libel 
assault,  or  false  imprisonment ;  within  four  years  all  other  actions. 

Vermont. — Actions  for  the  recovery  of  lands  must  be  brought  within 
fifteen  years  from  the  time  that  the  cause  of  action  arose  ;  within  six  years 
on  any  contract,  for  rent,  on  account,  or  on  a  promise  express  or  implied, 
for  trespass,  for  taking  or  injuring  goods,  for  wrongs  against  towns 
and  town  clerks  ;  within  eight  years  for  debt  on  bond  or  judgment,  on 


HOW  TO  BE  YOUR  OWN  LAWYER. 


215 


covenant,  except  covenant  of  holding  in  deeds  of  land,  which  is  fifteen 
years  ;  within  three  years  for  assault  and  false  imprisonment ;  within  two 
years  for  libel  and  slander ;  within  four  years  against  sheriffs ;  within 
fourteen  years  on  attested  notes. 

Virginia. — Actions  for  the  recovery  of  real  estate  must  be  brought 
within  fifteen  years  from  the  time  that  the  cause  of  action  arose  ;  within 
twenty  years  on  bonds  or  contracts  under  seal ;  within  ten  years  on  in¬ 
demnity  bonds  ;  within  two  years  on  store  accounts  ;  within  five  years, 
all  other  actions. 

Washington. — Actions  for  the  recovery  of  real  property  must  be 
brought  within  twenty  years  from  the  time  that  the  cause  of  action  arose  ; 
within  six  years  on  judgments,  contracts  in  writing,  and  for  rent ;  within 
three  years  for  trespass,  taking  or  injuring  personal  property,  or  for  the 
recovery  thereof,  or  for  any  other  injury  to  the  person  or  rights  of  another, 
on  unwritten  contract,  for  fraud  against  a  sheriff,  except  escape,  upon 
statute  for  penalty  ;  within  two  years,  action  for  libel,  assault,  and  false 
imprisonment ;  within  one  yoar  against  a  sheriff  for  escape. 

West  Virginia. — Actions  for  the  recovery  of  real  property  or  on 
bonds  or  judgments  must  be  brought  within  ten  years  from  the  time  that 
the  cause  of  action  arose ;  within  five  years,  all  other  actions  except 
action  on  a  store  account,  which  must  be  brought  within  three  years. 

Wisconsin. — Actions  on  bonds  and  judgments  must  be  brought  within 
twenty  years  from  the  time  that  the  cause  of  action  arose ;  within  ten 
years  on  same  when  the  cause  of  action  accrued  without  the  State ; 
within  six  years  on  all  other  contracts  or  liabilities ;  within  three  years 
against  sheriff ;  within  two  years  for  statute  penalty  ;  within  one  year 
against  sheriff  for  escape. 

Wyoming. — Actions  for  real  property  must  be  brought  within  twenty- 
one  years  from  the  time  that  the  cause  of  action  arose  ;  within  five  years 
on  bonds,  and  contracts  in  writing ;  within  four  years  on  contracts  not 
in  writing,  for  trespass,  or  for  personal  property  ;  within  one  year,  ac¬ 
tions  for  like  assault,  and  false  imprisonment ;  within  ten  years,  all  other 
actions. 


MARRIAGE,  DOWER,  RIGHTS  OF  MARRIED  WOMAN. 

Marriage  is  a  contract  made  in  due  form  of  law,  by  which  a  man  and 
woman  reciprocally  agree  to  live  with  each  other  during  their  joint 
lives,  and  to  discharge  toward  each  other  the  duties  imposed  by  law  on 
the  relation  of  husband  and  wife. 

The  promises  must  be  reciprocal ;  that  is,  there  must  be  a  promise  on 
the  part  of  each  party. 

It  is  not  necessary  that  the  promises  to  marry  be  made  at  the  same 
time,  provided  that  the  offer  is  accepted  before  being  recalled,  or  within 
a  reasonable  time  after  being  made. 


216 


HOW  TO  BE  YOUR  OWN  LAWTER. 


The  contract  to  marry  is  completed  by  an  acceptance  of  tlie  offer. 

After  the  contract  is  made,  either  party  can  bring  an  action  for  a 
breach  of  it  on  the  part  of  the  other  party,  unless  the  breach  is  committed 
by  a  party  under  legal  age. 

A  marriage  contract  differs  from  other  contracts,  as  it  can  not  be  re¬ 
scinded  at  the  will  of  the  parties. 

All  persons  are  able  to  contract  marriage,  unless  they  are  under  the  le¬ 
gal  age  or  unless  there  are  other  disabilities. 

At  common  law  the  age  of  consent  is  twelve  for  females  and  fourteen 
for  males.  If  either  party  marries  before  arriving  at  the  age  of  consent, 
the  younger  can,  on  arriving  at  that  age,  avoid  the  marriage. 

If  either  party  is  an  idiot  or  insane,  the  marriage  is  void. 

Force  or  fraud  renders  a  marriage  voidable  ;  that  is,  it  may  be  set  aside, 
and  a  divorce  must  be  granted  on  the  application  of  the  injured  party 
only. 

The  parties  must  be  willing  to  enter  into  the  relation  of  husband  and 
wife  to  make  the  marriage  valid.  If  the  willingness  to  marry  is  obtained 
through  fraud,  the  marriage  may  be  set  aside.  The  force  or  fraud  must 
be  extreme  and  certain,  otherwise  the  marriage  will  not  be  set  aside. 

Consanguinity  and  affinity  within  the  rules  prescribed  by  the  laws  of 
the  various  States  and  Territories  render  a  marriage  void. 

Corporeal  impotence  renders  a  marriage  voidable.  This  impotence 
must  have  existed  at  the  time  of  the  marriage,  and  must  be  incurable. 

If  either  party  has  a  husband  or  wife  living,  the  marriage  is  void. 

The  parties  must  actually  make  a  contract  of  marriage.  The  require¬ 
ments  and  form  will  be  governed  by  the  laws  of  the  State  where  the  cere¬ 
mony  is  performed. 

The  following  are  the  proper  persons  to  perform  the  ceremony  of 
marriage  : 

Ministers  of  the  gospel  and  priests  of  every  denomination,  mayors, 
recorders,  and  aldermen  of  cities,  judges  of  county  courts,  and  justices  of 
the  peace. 

When  the  marriage  is  performed  by  a  magistrate,  no  particular  form 
is  required,  except  the  parties  must  solemnly  declare  in  the  presence  of 
the  magistrate  and  a  witness  that  they  take  each  other  as  husband  and 
wife.  There  should  always  be  one  witness  to  the  ceremony. 

The  person  performing  the  ceremony  must,  on  application  of  either 
party,  famish  a  certificate  signed  by  him,  which  must  give  the  names 
and  residences  of  the  parties  ;  the  names  and  residences  of  the  attesting 
witnesses  ;  and  the  time  and  place  of  the  marriage. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


217 


The  statutes  in  some  of  the  States  require  licenses  to  he  taken  out  and 
notice  of  the  intended  marriage  to  be  given. 

Id  nearly  all  civil  cases  marriage  may  be  proved  by  cohabitation,  ac¬ 
knowledgment  by  the  parties,  reception  by  the  family,  and  general  repu¬ 
tation. 

Dower. 

Dower  is  the  provision  which  the  law  makes  for  a  widow  out  of  the 
lands  or  tenements  of  her  husband  for  her  support  and  the  nurture  of  her 
children.  The  word  “  dower  ”  has  reference  to  real  estate  exclusively. 

In  order  to  entitle  the  wife  to  dower  there  must  have  been  a  legal  mar¬ 
riage  which  has  not  been  dissolved,  seizure  of  the  husband,  and  his 
death. 

In  those  States  and  Territories  where  dower  is  allowed,  it  is  necessary 
that  the  wife  join  in  a  conveyance  of  the  husband’s  real  estate,  in  order 
to  give  the  grantee  a  good  title.  In  general,  if  there  is  no  statement  in 
the  conveyance  that  the  wife  releases  her  “  dower  and  right  of  dower,” 
she  can  enforce  it  at  the  death  of  her  husband. 

The  wife’s  dower  or  right  of  dower  may  be  lost  or  barred  by  joining 
with  her  husband  in  a  conveyance  of  land  ;  by  adultery  on  her  part,  and 
subsequent  divorce ;  by  foreclosure  of  a  mortgage  given  by  a  husband 
before  marriage,  or  by  husband  and  wife  after  marriage  ;  by  a  release  of 
dower,  and  by  a  marriage  settlement  made  previous  to  marriage  in  lieu 
of  dower. 

The  wife  must  have  been  of  age  when  she  joined  with  her  husband 
in  a  conveyance  of  land  in  order  to  bar  her  dower  or  right  of  dower. 
The  widow  has  dower  in  that  part  of  the  estate  which  remains  after  all 
the  encumbrances  and  liens  against  the  same  have  been  paid. 

Dower  is  allowed  in  all  the  States  and  Territories  except  Arizona,  Cali¬ 
fornia,  Colorado,  Dakota,  Idaho,  Kansas,  Louisiana,  Minnesota,  Texas, 
and  Utah. 

In  Nevada,  on  the  death  of  the  husband,  the  wife  takes  the  entire  com¬ 
munity  property  [that  is,  property  owned  by  the  husband  and  wife  in 
common],  after  paying  the  debts,  family  allowances,  and  expenses  of 
administration. 

In  New  Mexico  the  wife  has  no  dower  except  her  private  property, 
but  she  has  one-half  of  all  the  other  property  remaining  after  paying  the 
debts  of  the  estate. 

In  Washington  Territory  the  wife  takes  one-half  of  the  common  prop 
erty,  subject  to  the  debts  of  both. 

10 


218 


HOW  TO  BE  YOBR  OWN  LAWYER. 


In  Wyoming  Territory  the  wife  takes  the  entire  estate,  both  real  and 
personal,  after  paying  the  debts,  provided  that  the  estate  does  not  exceed 
the  sum  of  $10,000. 

The  following  laws  are  those  of  the  various  States  and  Territories  gov¬ 
erning  the  rights  of  married  women  to  property,  as  to  whether  they  can 
hold  property  separate  from  their  husbands,  and  what  interest  they  have 
in  the  common  property  : 

Alabama. 

The  real  and  personal  property  of  any  female  in  this  State,  ac¬ 
quired  before  marriage,  and  all  property  to  which  she  may  be  after¬ 
ward  entitled  by  gift,  grant,  inheritance,  or  devise,  shall  be  and  remain 
the  separate  estate  and  property  of  such  female,  and  shall  not  be  liable 
for  any  debts,  obligations,  and  engagements  of  her  husband,  and  may 
be  devised  or  bequeathed  by  her  as  if  she  were  a  feme  sole.  A  con¬ 
veyance  of  the  wife’s  separate  estate  may  be  made  by  the  husband  and 
wife  jointly,  signed  in  the  presence  of  two  witnesses,  or  acknowledged 
before  any  officer  authorized  to  take  the  acknowledgment  of  deeds.  But 
she  may  be  sued  alone,  and  her  separate  estate  is  liable  for  debts  con¬ 
tracted  by  her  before  marriage.  A  married  woman  can  not  transact  busi¬ 
ness  as  a  feme  sole ,  but  her  disabilities  in  this  respect  may  be  removed  by 
proceedings  in  chancery  court. 

The  wife,  having  no  separate  estate  where  the  husband  dies  leaving  no 
lineal  descendant,  and  his  estate  solvent,  is  entitled  to  be  endowed  of  one- 
half  ;  or,  if  he  leaves  lineal  descendants,  or  his  estate  insolvent,  one-third 
of  all  lands  the  husband  died  seized  in  fee  simple,  or  to  which  another 
was  seized  for  his  use,  or  to  which  at  the  time  of  his  death  he  had  a  per¬ 
fect  equity,  having  paid  the  purchase-money.  If  she  have  a  separate 
estate  which,  exclusive  of  rents,  income,  and  profits,  is  equal  to,  or 
greater  in  value  than,  her  dower,  interest,  and  distributive  share  in  her 
husband’s  estate,  estimating  her  dower  interest  in  his  land  at  seven  years’ 
rent  of  the  dower  interest,  she  is  not  entitled  to  dower  in,  or  distribution 
of,  her  husband’s  estate.  If  her  separate  estate  is  less  than  such  dower, 
interest,  and  distributive  share,  estimated  as  above,  she  is  entitled  to  so 
much  as  will  make  it  equal.  She  may  marry  without  the  consent  of  her 
parents  at  the  age  of  eighteen  years. 


Arizona  Territory. 

All  property  of  the  wife  owned  by  her  before  marriage,  and  that  ac¬ 
quired  afterward  by  gift,  bequest,  devise,  or  descent,  shall  be  her  sep¬ 
arate  property. 

Married  women  of  the  age  of  twenty-one  years  and  upwards  shall 
have  the  sole  and  exclusive  control  of  their  separate  property,  and  may 
convey  and  transfer  lands  or  any  estate  or  interest  therein,  vested  in  or 
held  by  them  in  their  own  right,  and  without  being  joined  by  the  hus 
band  in  such  conveyance,  as  fully  and  perfectly  as  they  might  do  if  un 


HOW  TO  BE  YOUR  OWN  LAWYER. 


219 


married.  The  separate  property  of  the  wife  is  not  liable  for  her  hus 
band's  debts,  although  it  is  liable  for  her  own  debts. 

Married  women  may  become  sole  traders  and  carry  on  business  in  thei* 
own  names.  They  may  sue  and  be  sued  concerning  their  separate  prop¬ 
erty  as  though  unmarried. 

Arkansas. 

The  real  and  personal  property  of  any  feme  covert  in  this  State,  ac¬ 
quired  either  before  or  after  marriage,  whether  by  gift,  grant,  inherit¬ 
ance,  devise,  or  otherwise,  shall,  so  long  as  she  may  choose,  be  and  re¬ 
main  her  separate  estate  and  property,  and  may  be  devised,  bequeathed, 
or  conveyed  by  her  the  same  as  if  she  were  a  feme  sole ;  and  the  same 
shall  not  be  subject  to  the  debts  of  her  husband. 

Failure  to  schedule  such  property  leaves  the  burden  of  proof  on  the 
wife  to  show  the  character  in  which  it  is  held. 

To  entitle  a  married  woman  to  her  right  as  to  personal  property,  she 
must  cause  a  schedule  of  such  separate  estate  to  be  recorded  in  her  name 
in  the  county  of  her  residence. 

A  wife's  separate  property  is  not  liable  for  any  debts  contracted  by  her, 
unless  the  contract  was  made  with  special  reference  to  its  being  so  liable. 

California. 

All  property,  both  real  and  personal,  of  the  wife,  owned  by  her  before 
marriage,  and  all  that  she  may  acquire  afterward  by  gift,  bequest, 
devise,  or  descent,  shall  be  her  separate  property,  and  may  be  sold,  con¬ 
veyed,  or  assigned  by  her  without  the  husband's  consent. 

*  All  property  acquired  after  marriage  by  either  husband  or  wife,  except 
such  as  may  be  acquired  by  gift,  bequest,  devise,  or  descent,  shall  be 
common  property. 

The  husband  has  the  entire  management,  with  absolute  power  of  dis¬ 
position,  of  the  common  property;  but  upon  the  death  of  the  husband 
the  wife  is  entitled  to  one-half  of  the  common  property,  after  payment 
of  debts  and  expenses  of  administration.  In  case  of  divorce,  the  com¬ 
mon  property  shall  be  equally  divided  between  the  husband  and  wife  ex¬ 
cept  when  the  divorce  is  granted  on  the  ground  of  adultery  or  extreme 
cruelty,  in  which  case  the  court  apportions  the  property  in  its  discretion. 

The  husband  and  wife  may  make  contracts  and  conveyances,  inter  se&e, 
subject  only  to  the  general  rule  as  to  contracts  between  parties  occupying 
confidential  relations. 

All  property  owned  by  the  husband  before  marriage,  and  that  acquired 
afterward  by  gift,  bequest,  devise,  or  descent,  with  the  rents,  issues, 
and  profits  thereof,  is  his  separate  property.  All  other  property  acquired 
after  marriage,  by  either  husband  or  wife,  or  both,  is  common  property. 
The  earnings  of  the  wife  are  not  liable  for  the  debts  of  the  husband. 
The  separate  property  of  the  wife  is  not  liable  for  the  debts  of  her  hus¬ 
band,  but  is  liable  for  her  own  debts,  contracted  before  or  after  marriage. 
The  separate  property  of  the  husband  is  not  liable  for  her  debts  con¬ 
tracted  before  marriage.  The  property  in  common  is  not  liable  for  the 
contracts  of  the  wife  made  after  marriage,  unless  secured  by  a  pledge  01 


220 


HOW  TO  BE  YOUR  OWN  LAWYER. 


mortgage  thereof  executed  by  the  husband.  The  husband  has  the 
management  and  control  of  the  common  property,  with  absolute  power 
of  disposition,  except  that  he  can  not  dispose  of  it  with  a  view  to  defraud 
the  wife  of  her  interest  therein. 

A  married  woman  may  transact  business  as  a  feme  sole  upon  obtaining 
leave  of  the  court. 

She  may  dispose  of  her  estate  by  will,  without  the  assent  of  her 
husband. 

Colorado. 

A  married  woman  may  transact  business  the  same  as  if  sole ;  may  dis¬ 
pose  of  her  personal  and  real  estate,  or  make  any  contract  in  relation  to 
the  same  without  her  husband’s  consent,  and  may  sue  and  be  sued  as  if 
sole,  and  may  convey  her  real  estate  without  her  husband’s  joining  in  the 
deed  with  her ;  and  her  acknowledgment  to  such  deed  may  be  taken  in 
the  same  manner  as  her  husband’s.  Executions  may  issue  against  her 
property  on  judgments  obtained  against  her. 

Her  separate  property  acquired  by  her,  or  left  to  her  by  will  before  or 
after  marriage,  is  not  bound  for  her  husband’s  debts.  She  can  make 
contracts  in  her  own  name,  buy  goods,  give  notes  in  settlement  of 
purchases,  can  do  any  business  the  same  as  if  sole,  and  bind  her  own 
separate  property,  real  and  personal. 

A  married  woman  may  sue  and  be  sued  in  all  matters,  as  if  she  were 
sole. 

Connecticut. 

All  real  estate  conveyed  to  a  married  woman  during  coverture,  in  con¬ 
sideration  of  money  or  other  property  acquired  by  her  personal  serv  fees 
during  sucli  coverture,  shall  be  held  by  her  to  her  sole  and  separate  use. 
The  proceeds  of  the  sales  of  the  real  estate  of  a  married  woman  which 
may  be  invested  in  the  wife’s  name  or  in  the  name  of  a  trustee  for  her 
use,  are  not  liable  for  the  husband’s  debts.  If  a  married  woman  is 
abandoned  by  her  husband  for  three  years,  she  may  convey  her  real  estate 
upon  application  to  superior  court. 

All  the  personal  property  of  any  married  woman,  married  since  June 
22,  1849,  and  before  April  20,  1877,  and  all  personal  property  acquired 
since  that  day  by  such  married  woman,  and  all  property  derived  from  its 
sale  or  reinvestment,  shall  vest  in  the  husband,  in  trust  for  the  wife,  and 
upon  the  decease  of  the  husband  shall  vest  in  the  wife,  if  living,  or  if  she 
has  deceased,  in  her  devisees,  legatees,  or  heirs  at  law,  in  the  same  man¬ 
ner  as  if  she  had  always  been  a  feme  sole .  No  sale  or  transfer  by  the 
husband  of  any  such  estate,  or  of  his  interest  therein,  is  valid,  without  the 
written  conveyance  of  the  wife,  if  living,  or,  if  she  be  dead,  of  those  in 
whom  her  estate  shail  have  vested. 

A  married  woman  may  make  contracts  in  her  own  name,  buy  goods, 
and  give  notes  in  settlement  for  purchases,  which  will  be  binding  upon 
her  separate  estate,  real  and  personal,  if  these  contracts  and  purchases  ara 
made  for  the  benefit  of  herself,  her  family,  or  her  estate. 

A  married  woman  carrying  on  business  may  sue  alone  on  causes  of  ac 
lion  accruing  therefrom. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


221 


By  Act  of  March  27,  1878,  all  property  thereafter  acquired  by  ar$ 
married  woman  shall  be  held  by  her  to  her  sole  and  separate  use. 

Dakota  Territory , 

A  married  woman  may  own,  in  her  own  right,  real  and  persona, 
property,  acquired  by  descent,  gift,  or  purchase,  and  manage,  sell,  convey, 
and  devise  the  same  to  the  same  extent  and  in  the  same  manner  as  if 
she  was  unmarried.  Contracts  may  be  made  by  a  married  woman,  and 
liabilities  incurred,  and  the  same  enforced  by  or  against  her,  in  the  same 
manner  as  if  unmarried.  Neither  husband  nor  wife  has  any  interest  in 
the  property  of  the  other,  but  neither  can  be  excluded  from  the  other’s 
dwelling.  The  husband  and  wife  may  enter  into  any  engagement  or 
transaction  with  each  other,  or  with  any  other  person,  respecting  prop¬ 
erty,  which  either  might  enter  into  if  unmarried.  A  husband  and  wife 
may  hold  real  or  personal  property  together,  jointly,  or  in  common. 
Neither  husband  nor  wife  is  answerable  for  the  acts  of  the  other. 

The  earnings  of  the  wife  are  not  liable  for  the  debts  of  the  husband  ; 
and  the  earnings  and  accumulations  of  the  wife,  and  of  her  minor  chil¬ 
dren  living  with  her  or  in  her  custody,  while  she  is  living  separate  from 
her  husband,  are  the  separate  property  of  the  wife.  The  separate  prop¬ 
erty  of  the  wife  is  not  liable  for  the  debts  of  her  husband,  but  is  liable 
for  her  own  debts,  contracted  before  or  after  marriage. 

A  wife’s  separate  property  is  not  liable  for  debts  contracted  for  the  sup¬ 
port  of  herself,  her  children,  or  the  family,  as  her  husband’s  agent. 

A  married  woman  may  buy  and  sell  goods,  give  notes  or  other  obliga¬ 
tions,  and  sue  and  be  sued,  same  as  if  unmarried. 

Delaware. 

Real  and  personal  property  of  any  female  who  marries  after  April  9, 
1873,  and  which  she  shall  own  at  time  of  marriage,  or  that  any  female 
now  married  may  receive  by  gift,  grant,  devise,  or  bequest  from  any  per¬ 
son  other  than  her  husband,  shall  be  her  sole  and  separate  property,  and 
not  subject  to  her  husband’s  debts  or  control.  She  may  receive  wages  of 
her  personal  labor,  maintain  action  therefor  in  her  own  name,  deposit  any 
money  belonging  to  her,  in  her  own  name,  free  from  her  husband’s  con¬ 
trol.  She  may  prosecute  and  defend  suits  for  protection  of  her  property 
as  if  unmarried,  and  may  make  all  manner  of  contracts  necessary  to  be 
made  with  respect  to  her  own  property,  and  suits  may  be  maintained  on 
such  contracts  as  though  the  party  making  them  was  a  feme  sole. 

The  real  and  personal  property  of  any  married  woman,  which  has  been 
heretofore  acquired,  now  held,  or  which  she  may  hereafter  acquire  in 
any  manner  whatsoever,  from  any  person  other  than  her  husband,  shall 
be  her  sole  and  separate  property,  and  the  rents,  issues,  and  profits  there¬ 
of  shall  not  be  subject  to  the  disposal  of  her  husband,  nor  liable  for  his 
d(  bts 

District  of  Columbia. 

The  right  of  a  married  woman  to  real  or  personal  property  belong 
ing  to  her  at  the  time  of  marriage,  or  acquired  during  marriage  other 


222 


HOW  TO  BE  YOUR  OWN  LAWYER. 


wise  than  by  gift  or  conveyance  from  her  husband,  is  as  absolute  as  il 
she  were  feme  sole ,  not  subject  to  disposal  of  her  husband  nor  liable  for 
his  debts,  but  may  be  by  her  conveyed,  devised,  and  bequeathed,  same 
as  if  she  were  unmarried.  A  married  woman  may  contract,  sue,  and 
be  sued  in  her  own  name,  in  all  matters  relating  to  her  sole  and  separate 
property,  in  the  same  manner  as  if  unmarried,  but  neither  her  husband 
nor  his  property  is  bound  by  such  contract,  nor  liable  for  recovery 
against  her  in  suit,  but  judgment  may  be  enforced  by  execution  against 
her  sole  and  separate  estate  same  as  if  she  were  feme  sole . 

The  earnings  of  a  married  woman  are  still  the  property  of  the  hus¬ 
band. 

Florida. 

All  property,  both  real  and  personal,  of  the  wife,  owned  by  her  be¬ 
fore  marriage,  or  acquired  afterward  by  gift,  devise,  descent,  or  purchase, 
shall  be  her  separate  property,  and  not  liable  for  the  debts  of  her  hus¬ 
band,  nor  for  debts  contracted  for  her  support,  nor  for  expenses  of  the 
family.  “  Hereafter  when  any  female,  a  citizen  of  this  State,  shall  marry, 
or  when  any  female  shall  marry  a  citizen  of  this  State,  the  female  being 
seized  or  possessed  of  real  or  personal  property,  her  title  to  the  same 
shall  continue  separate,  independent,  and  beyond  the  control  of  her  hus¬ 
band,  notwithstanding  her  coverture,  and  shall  not  be  taken  in  execution 
for  his  debts  ;  and  that  she  may  become  seized  or  possessed  of  real  and 
personal  property  during  coverture,  by  bequest,  demise,  gift,  purchase, 
or  distribution,  subject  to  the  like  restrictions,  limitations,  and  pro¬ 
visions.” 

A  married  woman  can  not  make  a  contract  to  bind  her  separate  prop¬ 
erty  unless  her  husband  joins  with  her,  except  upon  license  granted 
as  appears  below.  Her  separate  property  left  her  by  will,  before  or  after 
marriage,  is  not  bound  for  her  husband's  debts  without  act  of  hers. 

A  married  woman  owning  real  estate  of  inheritance  in  this  State,  may 
sell,  convert,  transfer,  or  mortgage  the  same,  or  any  part  thereof,  in  the 
same  manner  as  she  might  do  if  she  were  sole  and  unmarried,  provided 
the  husband  of  said  married  woman  join  in  such  sale,  conveyance,  trans¬ 
fer,  or  mortgage,  and  the  same  be  made  and  authenticated  in  the 
manner  prescribed  by  the  laws  in  force  regulating  conveyances  of  real 
estate  and  the  recording  and  authenticating  the  same  ;  and  provided  also 
that  such  married  woman  shall  acknowledge,  on  a  separate,  private  ex¬ 
amination,  apart  from  her  husband,  before  the  officer,  or  other  person 
appointed  by  law  to  take  her  acknowledgment  of  her  execution  of  any 
such  sale,  conveyance,  transfer,  or  mortgage,  that  she  executed  the  same 
freely  and  without  any  fear  or  compulsion  of  her  said  husband.  Females 
become  of  age  at  twenty-one. 

A  married  woman  residing  in  the  State  may  become  a  free  dealer,  and 
manage,  take  charge  of  and  control  her  own  estate  and  contract  and  be  con¬ 
tracted  with,  sue  and  be  sued,  as  if  unmarried,  by  making  petition  in 
chancery  to  the  judge  of  the  circuit  court,  who,  upon  being  satisfied, 
upon  testimony  taken  before  a  master,  as  to  the  capacity  and  qualifica¬ 
tions  of  such  married  woman  to  take  charge  of  and  manage  her  own  es¬ 
tate,  and  to  become  a  free  dealer,  may  grant  her  a  license  for  that 


HOW  TO  BE  YOUR  OWN  LAWYER. 


223 


purpose  in  accordance  with  the  prayer  of  the  petition,  four  weeks'  noticu 
of  such  application  being  published. 

It  shall  not  be  lawful  for  any  married  woman  to  take  charge  of  and  man¬ 
age  her  own  estate  until  the  order  and  decree  granting  such  license 
shall  have  been  published  four  weeks  in  succession  in  some  newspaper  in 
the  county  or  circuit,  and  if  no  newspaper  be  published  in  the  county,  then 
by  posting  a  copy  for  four  weeks  at  the  court-house  door  and  two  more 
public  places  in  the  county  in  which  she  may  reside  at  the  time  such 
order  was  made,  one  of  said  notices  to  be  posted  in  the  neighborhood 
where  applicant  resides. 

Georgia. 

All  the  property  of  the  wife  at  the  time  of  her  marriage  shall  be,  and 
remain,  her  separate  property  ;  and  all  property  given  to,  inherited,  or 
acquired  by  the  wife  during  coveture,  shall  vest  in  and  belong  to  her, 
and  shall  not  be  liable  for  the  payment  of  any  debt,  default,  or  contract 
of  her  husband. 

As  to  her  separate  estate,  the  wife  may  contract,  sue,  and  be  sued  in 
her  own  name  as  a  feme  sole. 

A  wife's  separate  property  is  not  liable  for  debts  contracted  by  her  as 
agent  for  her  husband  for  support  of  herself  and  her  children. 


Idaho  Territory. 

All  property,  both  real  and  personal,  of  the  wife,  owned  by  her  before 
her  marriage  and  that  acquired  afterward  by  gift,  bequest,  devise,  or 
descent,  is  her  separate  property  ;  and  all  property,  both  real  and  per¬ 
sonal,  owned  by  the  husband  before  marriage,  and  that  acquired  by  him 
afterward,  by  gift,  bequest,  devise,  or  descent,  is  his  separate  property. 
The  husband  has  the  management  and  control  of  the  separate  property 
of  the  wife  during  the  continuance  of  the  marriage,  but  he  can  make 
no  sale  or  alienation  thereof,  nor  create  any  incumbrance  thereon. 

The  separate  property  of  the  wife  is  liable  for  all  debts  contracted  by 
her  before  marriage.  She  may  by  contract  make  herself  liable  so  as  to 
charge  her  separate  estate. 

The  note  of  a  married  woman  binds  her  separate  estate.  She  can  man¬ 
age  her  separate  property  as  a  feme  sole ,  and  carry  on  business. 

Illinois. 

A  married  woman  may  own  in  her  own  right,  real  and  personal 
property  obtained  by  descent,  gift,  or  purchase,  and  manage,  sell,  and 
convey  the  same  in  the  same  manner  as  the  husband  can  property  be¬ 
longing  to  him.  A  married  woman  may  sue  and  be  sued.  Her  con¬ 
tracts  and  liabilities  may  be  enforced  against  her  the  same  as  if  she  were 
unmarried  ;  she  may  buy  goods,  give  notes  in  settlement ;  but  she  can 
not  enter  into  any  copartnership  business  without  the  assent  of  her  hus¬ 
band.  She  may  control  her  own  earnings.  Neither  is  liable  for  the  debts 
of  the  other  incurred  either  before  or  alter  marriage,  except  that  tha 


224 


HOW  TO  BE  YOUR  OWN  LAWYER. 


property  of  both  husband  and  wife  is  chargeable  with  the  expenses  cf 
the  family  and  the  education  of  the  children.  A  married  woman  may 
make  a  will  the  same  as  if  she  were  single. 

Indiana. 

A  married  woman  may  sue  and  be  sued  alone  where  the  action 
concerns  her  separate  propert}^.  She  may  make  a  will  as  if  single.  A 
married  woman  holds  her  real  and  personal  property  and  all  profits 
therefrom  absolutely  as  her  separate  property,  and  they  are  not  liable  for 
the  debts  of  her  husband,  but  she  can  not  alien  or  incumber  her  real  es¬ 
tate  unless  her  husband  join  in  the  conveyance,  but  may  sell  her  person¬ 
alty  without  his  consent. 

She  may  bargain,  sell,  and  transfer  her  separate  personal  property  as  if 
single  ;  may  carry  on  any  trade,  business,  or  service,  on  her  separate  ac¬ 
count,  and  her  earnings  and  profits  therein  are  her  sole  and  separate 
property  ;  she  may  enter  into  any  contract  in  reference  to  her  separate 
personal  estate,  trade,  business,  or  service,  and  the  management  and  im¬ 
provement  of  her  separate  real  property ;  and  her  separate  estate,  real 
and  personal,  shall  be  liable  therefor  on  execution  or  other  judicial  pro¬ 
cess. 

Iowa. 

A  married  woman  may  own,  in  her  own  right,  real  and  personal  prop¬ 
erty  acquired  by  descent,  gift,  or  purchase,  and  manage,  sell,  convey, 
and  devise  the  same  by  will  in  the  same  manner  that  the  husband  can 
property  belonging  to  him  ;  and  she  may  receive  the  wages  of  her  per¬ 
sonal  labor  and  maintain  an  action  therefor  in  her  own  name  and  hold 
the  same  in  her  own  right.  Neither  husband  nor  wife  is  liable  for  the 
debts  or  liabilities  of  the  other  incurred  before  marriage  ;  and  they  are 
not  liable  for  the  separate  debts  of  the  other  ;  nor  are  the  wages,  earn¬ 
ings,  or  property  of  either,  nor  is  the  rent  or  income  of  such  property, 
liable  for  the  separate  debts  of  the  other.  Contracts  may  be  made  by  a 
■wife  and  liabilities  incurred,  and  the  same  enforced  by  or  against  her  in 
the  same  manner  as  if  she  were  unmarried.  A  married  woman  may  in 
all  cases  sue  and  be  sued,  without  joining  her  husband  with  her  except 
in  cases  where  the  cause  of  action  exists  in  favor  or  against  both. 

A  married  woman  can  make  contracts  in  her  own  name,  buy  goods, 
give  notes  in  settlement  of  purchase,  etc.,  binding  her  own  separate  prop¬ 
erty,  real  and  personal.  Separate  property  left  to  her  by  will,  before  or 
after  marriage,  is  not  bound  for  her  husband’s  debts  without  act  of  hers. 

Kansas. 

The  property,  real  and  personal,  which  any  woman  may  own  at  the 
time  of  her  marriage,  and  the  rents,  issues,  profits,  or  proceeds  thereof, 
and  any  real,  personal,  or  mixed  property  which  shall  come  to  her  by 
descent,  devise,  or  bequest,  or  the  gift  of  any  person  except  her  hus¬ 
band,  shall  remain  her  sole  and  separate  property,  and  shall  not  be  liable 
for  her  husband’s  debts. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


225 


A  married  woman  may  bargain,  sell,  and  convey  her  real  and  personal 
property,  and  enter  into  any  contract  with  reference  to  the  same  in  the 
same  manner,  to  the  same  extent,  and  with  like  effect  as  a  married  man 
may  in  relation  to  his  real  and  personal  property. 

A  woman  may  sue  and  be  sued,  in  the  same  manner  as  if  she  were 
unmarried. 

Any  married  woman  may  carry  on  any  trade  or  business,  and  perform 
any  labor  or  services,  on  her  sole  and  separate  account ;  and  the  earnings 
of  any  married  woman,  from  her  trade,  business,  labor,  or  services,  shail 
be  her  sole  and  separate  property,  and  may  be  used  and  invested  by  her 
in  her  own  name. 

Any  woman  who  shall  have  been  married  out  of  this  State,  shall,  if 
her  husband  afterward  becomes  a  resident  of  this  State,  enjoy  all  the 
rights  as  to  property  which  she  may  have  acquired  by  the  laws  of  any 
other  State,  Territory,  or  country,  or  which  she  may  have  acquired  by 
virtue  of  any  marriage  contract  or  settlement  made  out  of  this  State. 


Kentucky. 

A  married  woman  has  power  to  act  as  a  single  woman  if  her  husband 
abandons  her,  leaves  the  State  without  making  any  provision  for  her 
maintenance,  or  if  she  comes  and  lives  in  the  State  without  her  husband, 
or  if  he  is  confined  in  the  penitentiary  for  an  unexpired  term  of  more 
than  one  year.  Unless  authorized  by  decree  of  court,  she  can  not  make 
contracts  in  her  own  name,  buy  goods,  or  give  notes  in  settlement  of 
purchases  binding  her  separate  property  real  and  personal.  Her  separate 
estate  is  not  bound  for  her  husband’s  debts,  whether  acquired  before  or 
after  marriage,  by  deed,  will,  or  otherwise. 

A  married  woman’s  real  estate,  and  the  rents  and  profits  thereof,  are 
not  subject  to  the  debts  of,  or  executions  against,  the  husband,  but  are 
liable  for  her  debts  and  responsibilities  contracted  or  incurred  before 
marriage,  and  for  such  contracted  after  marriage  on  account  of  neces¬ 
saries  for  herself  or  any  member  of  her  family,  her  husband  included,  as 
shall  be  evidenced  by  writing  signed  by  her. 

Louisiana. 

The  separate  property  of  a  married  woman  can  not  be  sold  by  her 
husband.  She  may  administer  it  herself,  unless  there  is  an  ante  nuptial 
contract  to  the  contrary.  All  property  acquired  during  marriage,  the 
ea  rnings  of  the  joint  or  separate  labor  of  the  spouses,  and  the  revenues  of 
the  separate  property  of  each,  enters  into  the  community,  and  is  equally 
divided  between  them. 

The  wife  has  a  mortgage  upon  all  the  real  estate  of  her  husband,  to 
secure  the  repayment  of  all  sums  received  by  him  for  her  account  during 
marriage.  She  may  sell  her  separate  estate  with  the  authorization  and 
assistance  of  her  husband. 

If  the  wife  is  a  public  merchant,  she  may,  without  being  empowered 
by  her  husband,  obligate  herself  in  anything  relating  to  her  trade ;  and 

10* 


226 


HOW  TO  BE  YOUR  OWN  LAWYER. 


in  such  case  her  husband  is  bound  also,  if  there  exists  a  community  of 
property  between  them.  She  is  considered  a  public  merchant  if  she  car¬ 
ries  on  a  separate  trade,  but  not  if  she  retails  only  the  merchandise  be¬ 
longing  to  the  commerce  carried  on  by  her  husband. 

The  unauthorized  contracts  made  by  married  women  may  be  made 
valid  after  the  marriage  is  dissolved  either  by  express  or  implied  ratifi¬ 
cation.  A  married  woman  can  not  bind  herself  or  her  property  for  her 
husband’s  debts. 

The  wife  who  has  obtained  the  separation  of  property  must  contribute, 
in  proportion  to  her  fortune  and  to  that  of  her  husband,  both  to  the 
household  expenses  and  to  those  of  the  education  of  their  children.  She 
is  bound  to  support  those  expenses  alone,  if  there  remains  nothing  to  her 
husband. 

Maine. 

A  married  woman,  if  married  since  March  22,  1844,  retains  her  prop¬ 
erty,  but  may  release  control  to  the  husband.  If  married  since  April  26, 
1852,  the  husband  is  not  liable  for  ante-nuptial  debts.  Married  women 
have  now  the  same  rights  to  property,  the  same  power  to  make  contracts, 
to  sue  and  be  sued,  that  men  have.  Upon  desertion  by  the  husband  and 
his  leaving  the  State  the  wife  may  be  authorized  by  the  court  to  receive 
and  use  his  personal  property.  Her  estate  is  liable  only  for  her  own 
contracts.  She  alone  is  liable  for  her  torts. 

Maryland. 

A  married  woman’s  real  and  personal  property,  belonging  to  her 
at  the  time  of  her  marriage,  and  all  property  which  she  may  acquire 
or  receive  after  her  marriage,  by  purchase,  gift,  grant,  devise,  bequest, 
descent,  or  in  a  course  of  distribution,  shall  be  protected  from  the 
debts  of  the  husband,  and  not  in  any  way  liable  for  the  payment 
thereof ;  but  such  separate  property  is  liable  for  her  own  debts.  She 
may  acquire,  hold,  and  manage  such  property.  Any  married  woman 
who  by  her  skill,  industry,  or  personal  labor  shall  earn  any  money,  or 
other  property,  real,  personal,  or  mixed,  to  the  value  of  one  thousand 
dollars  or  less,  over  and  above  her  debts,  shall  hold  the  same  and  the 
fruits,  increase,  and  profits  thereof  to  her  sole  and  separate  use,  with 
power  as  an  unmarried  woman,  to  invest,  re-invest,  and  sell  and  dispose 
of  the  same  :  provided  that  such  money  or  property  shall  be  liable  for 
the  payment  of  any  claim  or  debt  incurred  by  her,  and  be  liable  to  be 
proceeded  against  by  attachment,  or  in  equity.  She  must  convey  real  or 
personal  estate  by  joint  deed  with  the  husband,  but  may  devise  the  same 
by  last  will  and  testament  as  if  she  were  a  single  woman  ;  she  may  relin¬ 
quish  dower  by  separate  deed,  or  jointly  with  her  husband. 

An  obligation  to  bind  the  separate  estate  of  a  married  woman  in  equity 
must  show  upon  its  face  some  evidence  of  the  intent  to  charge  the  estate, 
or  there  must  be  evidence  aliunde  tending  to  prove  such  intent. 

A  married  woman  can  be  sued  jointly  with  her  husband  on  a  note,  bill 
of  exchange,  contract,  or  agreement  in  writing  executed  jointly  with 
him  ;  judgments  in  such  cases  may  be  collected  as  if  defendants  were  not 


HOW  TO  BE  YOUB  OWN  LAWYER. 


227 


husband  and  wife.  The  husband  is  not  liable  for  his  wife’s  debts  con¬ 
tracted,  or  demands  against  her  arising  prior  to  marriage,  but  she  and 
her  property  remain  liable  therefor  in  the  same  manner  as  if  the  marriage 
had  not  taken  place. 

Massachusetts. 

The  real  and  personal  property  of  a  woman  shall  upon  her  marriage 
remain  her  separate  property  ;  and  a  married  woman  may  receive, 
receipt  for,  hold,  manage,  and  dispose  of  property  real  and  personal, 
may  sue  and  be  sued,  and  may  make  contracts  oral  and  written, 
sealed  and  unsealed,  in  the  same  manner  as  if  she  were  single  ;  may 
carry  on  any  trade  or  business ;  and  all  her  work  and  labor  for  others 
than  her  husband  and  children  is  presumed,  in  the  absence  of  express 
agreement,  to  be  on  her  separate  account ;  but  she  can  not  convey  to  nor 
contract  with  her  husband  ;  but  a  married  woman’s  wearing  apparel  and 
personal  ornaments,  and  articles  necessary  for  her  personal  use  acquired 
by  gift  from  her  husband,  not  exceeding  $2,000  in  value,  are  to  be  her 
sole  and  separate  property. 

A  note  made  or  indorsed  by  a  married  woman  is  good  against  her,  un¬ 
less  her  husband  is  a  party  to  it  in  such  a  way  that  in  enforcing  it  a  con¬ 
tract  between  them  must  be  shown. 

The  contracts  of  a  married  woman  are  not  binding  on  her  husband, 
nor  is  he  or  his  property  liable  therefor  ;  but  she  and  her  separate  prop¬ 
erty  are  liable  for  such  contracts  in  the  same  manner  as  if  she  were  sole . 
A  husband  is  not  liable  for  the  debts  of  his  wife  contracted  before 
marriage. 

Michigan. 

The  real  and  personal  estate  which  may  have  been  acquired  by  any 
woman  before  marriage  through  any  source  or  by  any  means  what¬ 
ever,  and  all  that  she  may  acquire  afterward  of  any  kind  or  from 
any  source,  shall  continue  her  sole  property  the  same  as  if  unmarried, 
and  shall  not  be  liable  for  any  of  her  husband’s  debts  or  undertakings, 
and  may  be  sold,  conveyed,  incumbered,  or  otherwise  disposed  of  by 
her  the  same  as  if  single. 

She  may  carry  on  business  in  her  own  name,  may  deal  directly  with 
her  husband,  the  same  as  with  a  third  person  ;  she  may  make  contracts 
in  her  own  name,  buy  goods,  give  notes  in  settlement  of  purchases,  etc., 
binding  her  own  separate  property,  real  and  personal.  As  surety  for  her 
husband  or  other  third  person  she  does  not  bind  her  separate  property. 

The  husband  is  not  liable  for  the  contracts  of  his  wife  in  relation  to 
lier  sole  property.  A  wife’s  separate  property  would  probably  not  be 
bound  for  the  husband’s  debts,  even  though  contracted  for  the  support 
of  herself  or  family  ;  but  she  could  bind  her  property  for  necessaries  in 
the  support  of  herself  and  family,  should  she  contract  therefor  in  her 
own  name. 

A  married  woman  has  no  general  capacity  to  contract,  and  can  only 
make  such  contracts  as  relate  to  her  own  property  and  becomes  person¬ 
ally  liable  only  on  account  of  her  own  matters.  She  can  not  be  held  on 
her  contract  without  affirmative  proof  that  it  is  her  own  and  within  her 


228 


HOW  TO  BE  YOUR  OWN  LAWYER. 


powers.  Her  contract  of  suretyship  will  not  bind  her  unless  made  oil 
behalf  of  her  sole  property,  and  should  appear  to  have  been  so  made  and 
upon  a  sufficient  consideration  for  that  purpose,  and  her  note  given 
simply  with  her  husband  or  any  third  person  as  surety  for  the  other’s 
debt  would  not  bind  her. 

Minnesota. 

All  property  real  or  personal,  owned  by  a  woman  at  the  time  of 
her  marriage,  continues  her  separate  property,  and  during  coverture 
she  may  receive,  hold,  use,  and  enjoy  property  of  every  description, 
and  all  avails  of  her  contracts  and  industry,  free  from  the  control  of 
her  husband  and  from  any  liability  on  account  of  his  debts.  She  is 
capable  of  making,  and  is  bound  by,  her  contracts  the  same  as  if  she 
were  a  single  woman,  except  that  no  conveyance  or  contract  for  the  sale 
of  real  estate,  or  of  any  interest  therein,  other  than  mortgages  on  lands 
for  the  purchase-money  thereof  and  leases  for  a  term  not  exceeding  three 
years,  shall  be  valid  unless  her  husband  shall  join  with  her  in  the  con¬ 
veyance.  Her  separate  property  is  liable  only  for  her  own  personal 
debts  arising  from  her  own  contracts  or  torts.  Her  husband  is  not  liable 
for  her  debts  or  her  contracts  entered  into  either  before  or  during  cover¬ 
ture,  except  for  necessaries  furnished  after  marriage.  Contracts  between 
husband  and  wife,  or  powers  of  attorney  from  one  to  the  other,  re¬ 
lating  to  the  real  estate  of  either,  are  void.  In  relation  to  all  other  sub¬ 
jects,  either  may  be  the  agent  of  the  other,  or  contract  the  one  with  the 
other.  A  married  woman  may  sue  and  be  sued  in  her  own  name  without 
joining  her  husband. 

Mississippi. 

A  married  woman  may  acquire  property  of  all  kinds  in  her  own  name, 
and  hold  all  such  as  she  owned  at  the  time  of  marriage,  free  from  any 
right  or  interest  of  the  husband,  or  any  liability  for  him.  The  income 
accruing  therefrom  is  hers  ;  and  so  are  the  earnings  of  her  personal  labor. 

The  wife  may  mortgage  her  estate  to  secure  her  husband’s  debts  ;  but 
such  mortgage  binds  only  the  income,  not  the  property,  and  is  avoided 
by  her  death.  She  may  rent  her  lands,  or  make  any  contract  for  the  use 
thereof,  loan  her  money,  or  employ  it  in  trade.  She,  or  her  husband 
with  or  without  her  consent,  may  contract  for  supplies  for  her  farm. 
She,  or  her  husband  with  her  consent,  may  contract  for  family  supplies 
or  necessaries,  wearing  apparel  for  herself  or  children,  for  their  educa¬ 
tion,  household  furniture,  carriage  and  horses,  buildings  and  improve¬ 
ments  on  her  lands,  and  material  therefor,  for  work  or  labor  done  for 
the  improvement  of  her  separate  estate ;  all  such  contracts  bind  her 
estate,  but  form  not  the  basis  fora  personal  judgment.  She  may  go  into 
trade,  and  act  therein  as  a  single  woman.  A  married  woman  may  make 
wills  as  fully  as  if  single. 

Missouri. 

Married  women  hold  real  or  personal  property  with  the  intervention  of 
a  trustee  separate  and  apart  from  their  husbands  and  free  of  the  debts  of 
the  husband.  The  real  estate  and  income  of  a  married  woman  is  not  lia* 


now  TO  BE  TOUR  OWN  LAWYER. 


229 


ble  for  tlie  husband’s  debts,  nor  can  he  dispose  of  it  unless  she  unite  with 
him  in  conveying  it.  This  real  estate  is  liable,  however,  for  necessaries 
of  the  family  and  for  improvements  made  thereon.  Stocks  and  bonds 
given  by  a  parent  to  a  daughter  are  declared  to  be  her  property  notwith¬ 
standing  her  marriage,  and  shall  not  be  liable  for  the  husband’s  debts, 
except  for  necessaries  of  the  family. 

All  personal  property  and  choses  in  action  belonging  to  a  married 
woman  become  and  are  her  separate  property,  free  of  the  husband’s 
debts,  but  not  free  of  debts  contracted  by  the  wife  before  marriage,  or 
for  debts  of  husband  for  necessaries  of  wife  or  family. 

A  married  woman  can  make  contracts  in  her  own  name,  buy  goods,  and 
give  notes  in  settlement  of  purchases  binding  her  own  separate  real  and 
personal  property.  Her  separate  property,  left  to  her  by  will  before  or 
after  marriage,  is  not  bound  for  her  husband’s  debts. 

Montana  Territory. 

The  property  of  a  married  woman,  belonging  to  her  before  marriage, 
and  any  acquired  after  marriage  by  gift,  grant,  devise,  descent,  or  other¬ 
wise,  and  the  use,  increase,  and  profits  thereof,  is  exempt  from  debts  or 
liabilities  of  husband,  except  for  necessaries  for  the  benefit  of  herself  and 
children  under  eighteen  years  of  age.  But  such  property  so  claimed 
must  be  set  forth  in  a  list  to  be  recorded  with  the  register  of  deeds  in  the 
county  where  she  resides. 

A  married  woman  can  conduct  business  by  making,  acknowledging, 
and  recording  with  county  recorder  of  deeds  her  intention  so  to  do,  and 
setting  forth  the  nature  of  the  business  that  she  intends  to  transact.  Such 
married  woman  is  responsible  for  the  support  of  her  children.  The  hus¬ 
band  is  not  liable  for  any  debts  contracted  in  the  course  of  business  done 
by  his  wife,  except  by  special  consent  in  writing. 

Nebraska. 

The  property,  real  or  personal,  belonging  to  a  married  woman  at  the 
time  of  the  marriage,  the  rents,  issues,  profits,  and  proceeds  thereof,  and 
any  property  which  comes  to  her,  except  only  by  gift  of  her  husband, 
remains  her  sole  and  separate  property,  not  subject  to  the  disposal  of  her 
husband,  nor  liable  for  his  debts.  She  may  convey  her  real  estate  and 
contract  with  reference  thereto  in  the  same  manner  and  with  like  effect 
as  a  married  man,  and  may  sue  and  be  sued  as  if  unmarried  ;  may  labor 
or  carry  on  business  on  her  separate  account.  Her  earnings  are  her  sole 
property.  If  married  out  of  the  State,  may  here  enjoy  all  rights  as  to 
property  there  acquired.  Husband  is  not  liable  for  debts  contracted  by 
wife  before  marriage. 

A  married  woman  is  not  liable  on  her  note  or  other  contract,  unless 
the  same  was  made  a  charge  on  her  separate  property. 

A  married  woman  may  dispose  of  her  own  property  by  will. 

A  married  woman  is  personally  liable  for  her  contracts  made  in  her 
own  name,  and  her  separate  property  is  bound  by  them.  The  property 
of  a  married  woman  is  not  liable  for  her  husband’s  debts. 


230 


HOW  TO  BE  YOUIt  OWN  LAWYF.B. 


Nevada. 

All  property  of  a  married  woman  belonging  to  her  before  marriage, 
and  that  acquired  after  marriage  by  gift,  bequest,  devise,  or  descent, 
shall  be  her  separate  property.  All  property  acquired  after  marriage  by 
either  husband  or  wife,  except  such  as  may  be  acquired  by  gift,  devise, 
or  descent,  shall  be  common  property.  The  husband  has  absolute  con¬ 
trol  of  the  common  property  during  the  existence  of  the  marriage,  and 
may  dispose  of  it  as  his  ovm  separate  estate.  The  wife  may,  without 
consent  of  her  husband,  convey,  change,  incumber,  or  otherwise  in  any 
manner  dispose  of  her  separate  property.  She  must  support  her  husband 
out  of  her  separate  property  when  he  has  no  separate  property  and  they 
have  no  common  property,  and  he  from  infirmity  is  not  able  or  compe¬ 
tent  to  support  himself. 

The  separate  property  of  the  wife  is  liable  for  her  debts  contracted  be¬ 
fore  marriage.  A  married  woman  may  make  contracts  in  her  own  name, 
buy  goods,  give  notes  in  settlement  of  purchases,  binding  her  own  sep¬ 
arate  property,  real  and  personal. 

New  Hampshire. 

A  married  woman  may  hold  real  or  personal  estate,  and  convey,  sell, 
devise,  and  bequeath  the  same  as  freely  as  if  she  were  single.  She  has 
absolute  control  of  her  own  earnings,  and  they  are  not  liable  for  the  debts 
of  the  husband.  She  may  make  contracts  in  her  own  name,  buy  goods, 
give  notes,  and  transact  any  business  whatever  as  if  single,  and  bind  her 
own  property,  both  real  and  personal,  in  the  course  of  such  business,  for 
her  own  sole  benefit  and  without  the  intervention  of  the  husband.  The 
separate  estate  of  a  married  woman  acquired  by  her,  by  will  or  other¬ 
wise,  either  before  or  after  marriage,  can  not  be  taken  by  the  husband  or 
his  creditors.  Neither  the  married  woman  nor  her  separate  estate  can  be 
held  upon  a  contract  or  conveyance  made  by  her  as  surety  or  guarantor 
for  the  husband. 

The  wife  may  constitute  the  husband  her  agent,  and  may  maintain  an 
action  against  him  upon  any  contract  made  by  her  with  him. 

The  husband  is  liable  for  debts  of  the  wife  contracted  after  marriage. 

A  wife  deserted  by  her  husband,  or  separated  from  him,  or  doing  busi¬ 
ness  in  her  own  name,  or  when  the  husband  is  a  spendthrift,  insane,  or 
under  guardianship,  has  all  the  rights  of  an  unmarried  woman. 

New  Jersey. 

The  real  and  personal  property  of  a  married  woman  belonging  to  her 
at  the  time  of  her  marriage,  or  received  by  gift,  grant,  descent,  devise,  or 
bequest,  and  the  rents,  issues,  and  profits  thereof,  shall  not  be  subject  to 
the  disposal  of  her  husband,  nor  be  liable  for  his  debts,  but  shall  continue 
her  sole  and  separate  property  as  if  she  were  unmarried. 

A  married  woman  can  bind  herself  by  contract  in  the  same  manner 
and  to  the  same  extent  as  though  she  were  unmarried,  and  her  contracts 


HOW  TO  BE  YOTJR  OWN  LAWYER. 


231 


may  be  enforced  by  or  against  her  at  law  or  in  equity,  in  her  own 
name  apart  from  her  husband;  but  she  can  not  become  an  accommoda¬ 
tion  indorser,  guarantor,  or  surety,  nor  is  she  liable  on  any  promise  to 
answer  for  the  debt,  default,  or  liability  of  any  other  person.  She  can 
not  convey  or  incumber  real  estate  without  her  husband. 

A  wife’s  separate  property  is  not  liable  for  debts  contracted  for  the 
support  of  herself  or  her  children  by  her  as  her  husband’s  agent.  Her 
separate  property  is  not  liable  for  the  expenses  of  the  family  if  the  con¬ 
tract  is  made  by  her  husband,  or  by  her  on  his  behalf;  but  it  is  liable  on 
such  a  contract  made  by  her  in  her  own  name. 

New  Mexico. 

Married  women  are  the  sole  owners  of  the  property  they  inherit  or 
bring  into  the  marriage  community  ;  they  can  convey  it  only  by  joining 
in  a  deed  with  their  husbands.  The  husband  has  the  control  and  man¬ 
agement  of  his  wife’s  property — all  property  real  and  personal  belong¬ 
ing  to  a  woman  at  the  time  of  her  marriage,  or  which  she  may  inherit,  is 
her  separate  property. 

A  wife’s  separate  property  is  not  liable  for  debts  contracted  by  her  as 
agent  for  her  husband  for  the  support  of  herself  and  children,  nor  for 
the  expenses  of  the  family  in  any  case. 

New  York. 

A  married  woman  has  the  same  rights,  and  is  subject  to  the  same  lia¬ 
bility,  as  a  single  woman,  in  all  matters  relating  to  her  separate  estate. 
She  can  take,  hold,  and  convey,  in  her  own  name,  property  both  real 
and  personal.  She  can  act  as  executrix,  administratrix,  and  guardian, 
giving  bonds  as  though  not  married.  She  may  carry  on  any  trade  or 
business  in  her  own  name,  and  the  earnings  shall  be  her  separate  prop¬ 
erty.  As  maker  or  indorser  of  negotiable  paper,  she  is  liable.  A  hus¬ 
band  is  liable  for  the  debts  of  his  wife  contracted  before  marriage,  to  the 
extent  only  of  the  separate  property  acquired  of  her. 

North  Carolina. 

All  the  property,  real  and  personal,  belonging  to  a  married  woman, 
whether  acquired,  in  any  manner,  before  or  after  marriage,  shall  be  her 
separate  property,  and  shall  not  be  liable  for  the  debts,  obligations,  or 
engagements  of  her  husband. 

No  married  woman  shall  make  any  contract  to  affect  her  real  or  per¬ 
sonal  property,  except  for  her  necessary  personal  expenses,  or  for  the 
support  of  the  family,  or  to  pay  her  debts  contracted  before  marriage, 
without  the  written  consent  of  her  husband. 

Ohio. 

All  real  and  personal  property  of  any  married  woman,  acquired 
before  or  after  marriage,  remains,  with  the  rents,  income,  and  profits 
thereof,  her  separate  property  and  under  her  sole  control,  and  is  not 


232 


HOW  TO  BE  YOUR  OWN  LAWYER. 


liable  to  be  taken  by  any  process  of  law  for  the  debts  of  her  husband 
and  she  can,  in  her  own  name,  contract  for  labor  and  materials  in  im 
proving,  repairing,  or  cultivating  her  real  estate,  and  also  lease  the  same 
for  any  period  not  exceeding  three  years.  Her  separate  proper t}r  and 
estate  is  liable  for  a  judgment  against  her  ;  but  she  is  entitled  to  the  ben¬ 
efit  of  all  exemption  laws  for  heads  of  families. 

The  husband  must  unite  with  the  wife  in  all  deeds  and  mortgages  of 
her  separate  real  estate,  except  leases  not  exceeding  three  j^ears. 

The  note  of  a  married  woman  having  a  separate  estate  will  operate  as 
a  charge  or  lien  thereon  in  equity,  enforcible  in  the  courts  of  this  State 
b}r  judgment  and  execution  as  in  other  cases. 

Oregon. 

The  property  and  pecuniary  rights  of  every  married  woman  at  the  time 
of  her  marriage,  or  afterward  acquired  by  gift,  devise,  or  inheritance, 
shall  not  be  subject  to  the  debts  or  contracts  of  her  husband,  and  she 
may  manage,  sell,  convey,  or  devise  the  same  by  will  to  the  same  extent 
and  in  the  same  manner  that  her  husband  can  property  belonging  to 
him. 

A  married  woman  may  receive  the  wages  of  her  labor  and  bring  action 
therefor  in  her  own  name,  and  she  may  prosecute  and  defend  all  actions 
at  law  or  in  equity  for  the  preservation  and  protection  of  her  rights  and 
property.  Neither  husband  nor  wife  is  liable  for  the  debts  or  liabilities 
of  the  other  incurred  before  marriage.  They  are  liable  for  the  separate 
debts  of  each  other.  Contracts  may  be  made  by  a  wife  and  the  same 
may  be  enforced  by  or  against  her  in  the  same  manner  as  if  she  were  un¬ 
married,  and  she  may  transact  business  as  a  single  woman. 

The  expenses  of  the  family  and  the  education  of  the  children  are 
chargeable  upon  the  property  of  both  husband  and  wife,  or  either  of 
them,  and  in  relation  thereto  they  may  be  sued  jointly  or  separately. 

A  married  woman  may  contract  expressly  in  reference  to  her  separate 
estate,  and  such  separate  estate  is  liable  to  execution  and  sale  for  liabili¬ 
ties  so  contracted.  Any  express  contract  of  a  married  woman  made  a 
charge  upon  her  separate  estate  is  binding,  and  she  may  be  sued  alone 
upon  it,  and  a  judgment  rendered  thereupon  may  be  enforced  against 
the  separate  property  charged. 

Pennsylvania. 

All  property,  real  and  personal,  belonging  to  a  married  woman  at  the 
time  of  her  marriage,  or  which  may  accrue  during  coverture,  may  be  held 
and  enjoyed  by  her  as  her  own  separate  property,  and  such  property  is 
not  liable  for  the  debts  of  her  husband,  but  it  may  be  charged  for  debts 
contracted  by  herself  for  necessaries  furnished  for  the  support  of  her 
family. 

As  a  general  rule,  she  can  not  make  a  valid  contract  (except  for  neces¬ 
saries  or  sewing-machines).  She  can  not  sell  and  convey  her  estate  with¬ 
out  her  husband’s  consent  and  joining  in  the  deed.  A  married  woman 
may  make  a  will  subject  to  her  husband’s  right  of  courtesy.  She  may 


HOW  TO  BE  YOUR  OWN  LAWYER. 


233 


keep  a  bank  account  in  her  own  name  and  draw  money  on  her  own  check 
or  receipt  without  the  consent  of  her  husband.  She  may  also  sell, 
assign,  transfer,  or  satisfy  a  mortgage  or  judgment  as  if  unmarried. 

A  married  woman’s  earnings  belong  to  her  husband,  but  she  may 
secure  them  to  herself  by  a  petition  to  the  court  of  common  pleas,  marked, 
filed,  and  recorded  in  the  recorder’s  office.  In  order  to  bind  her  estate 
the  contract  must  be  made  by  the  wife  alone. 

Rhode  Island. 

All  property,  real  and  personal,  belonging  to  any  woman  before  mar¬ 
riage,  or  which  may  become  the  property  of  any  woman  after  marriage, 
or  which  may  be  acquired  by  her  own  industry,  is  her  separate  property, 
and  is  not  liable  to  be  attached,  or  in  any  way  taken  for  the  debts  of  her 
husband,  either  before  or  after  his  death,  nor  is  it  liable  for  the  expenses 
of  the  family  whether  she  made  the  contract  or  not.  She  may  sell  and 
convey,  and  make  contracts  respecting  the  sale  and  conveyance  of  her 
personal  estate  (excepting  household  furniture,  plate,  jewels,  stock,  or 
shares  in  an  incorporated  company,  money  on  deposit,  and  debts  secured 
by  mortgage).  She  cau  not  transact  business  as  a  trader,  nor  bind  her¬ 
self  by  promissory  note.  Any  separate  property  left  to  her  by  will  be¬ 
fore  or  after  marriage  is  not  bound  for  her  husband’s  debts  unless  by 
some  act  on  her  part. 

South  Carolina. 

The  real  and  personal  property  of  a  woman  held  at  the  time  of  her 
marriage,  or  that  which  she  may  thereafter  acquire  either  by  gift,  grant, 
inheritance,  devise,  or  otherwise,  shall  not  be  subject  to  levy  and  sale  for 
her  husband’s  debts  ;  but  shall  be  held  as  her  separate  property,  and  may 
be  bequeathed,  devised,  or  alienated  by  her,  the  same  as  if  she  were  un¬ 
married  ;  provided,  that  no  gift  or  grant  from  the  husband  to  the  wife 
shall  be  detrimental  to  the  just  claims  of  his  creditors.  A  married 
woman  in  every  respect  acts  as  if  unmarried.  She  has  the  same  power 
to  make  contracts,  and  can  become  surety  for  her  husband,  or  for  any 
one  else.  She,  however,  is  not  bound  to  support  her  family  if  her 
husband  be  alive,  and  her  separate  property  is  not  bound  by  the  contracts 
of  her  husband,  made  for  the  support  of  the  family,  or  any  other  pur¬ 
pose,  without  her  consent. 

Tennessee. 

The  husband’s  interest  or  estate  in  his  wife’s  lands  can  not  be  subjected 
during  her  life  to  his  debts  by  legal  process ;  nor  can  he  sell  it  with¬ 
out  her  joining  in  the  deed.  All  personal  property  belonging  to 
the  wife,  whether  acquired  before  or  after  marriage,  shall  be  exempt  from 
the  debts,  contracts,  and  other  liabilities  of  the  husband  before  mar¬ 
riage.  Her  S3parate  property  is  not  subject  to  his  debts,  contracts,  or 
disposition. 

She  can  not  bind  her  lands  by  title  bond  or  by  contract  to  sell  or  con¬ 
vey  ;  nor  can  she  convey  by  attorney.  If  of  age  (twenty-one  years)  she 
can  sell  and  convey  by  joint  deed  with  her  husband  and  on  her  privy  ex- 


234 


IIOW  TO  BE  YOUR  OWN  LAWYER. 


amination  ;  and  she  may  convey  by  deed  or  otherwise,  as  an  unmarried 
woman,  without  her  husband’s  joining,  but  not  so  as  to  interfere  with 
his  tenancy  by  the  courtesy.  But  if  she  abandons  or  refuses  to  live  or 
cohabit  writh  her  husband,  or  he  abandons  or  refuses  to  live  or  cohabit 
with  her,  she  may  dispose  of  her  lands  by  deed,  will,  or  otherwise,  as  an 
unmarried  woman. 

She  can  bind  or  dispose  of  her  separate  property  by  deed,  will,  or  other¬ 
wise,  as  an  unmarried  woman,  provided  the  power  of  disposition  is  not 
expressly  withheld  in  the  instrument  under  which  she  holds.  Her  inten¬ 
tion  to  bind  her  separate  estate  must  be  clearly  expressed.  Her  separate 
property  is  not  liable  for  debts  contracted  for  the  support  or  expenses  of 
herself,  her  children,  or  her  family,  although  the  consideration  should  be 
absolute  necessaries,  unless  she  expressly  contracts  that  it  shall  be. 

Texas. 

All  real  and  personal  property  owned  by  the  wife  at  the  time  of  her 
marriage,  together  with  all  acquired  thereafter  by  gift,  devise,  or  de¬ 
scent,  as  also  the  increase  of  all  such  lands,  remain  her  separate  prop¬ 
erty  ;  the  husband,  during  the  marriage,  has  the  management  of  the 
separate  property  of  his  wife.  All  property  acquired  by  the  husband 
and  wife  during  marriage,  except  that  afterward  acquired  by  the  hus¬ 
band  by  gift,  devise,  or  descent,  is  considered  the  common  or  community 
property,  and  during  the  marriage  may  be  disposed  of  by  the  husband 
without  the  consent  of  the  wife  ;  it  is  liable  for  the  debt3  of  the  husband, 
and  for  the  debts  of  the  wife  contracted  by  her  during  coverture,  for 
necessaries.  The  husband  and  wife  may  be  jointly  sued  for  all  debts 
contracted  by  the  wife  for  necessaries  furnished  herself  or  children,  and 
for  all  expenses  which  may  have  been  incurred  by  the  wife  for  the  bene¬ 
fit  of  her  separate  property,  and  in  such  case  the  court  may  decree  that 
execution  be  levied  upon  either  the  common  property,  or,  on  failure  of 
such  property,  on  the  separate  property  of  the  wife.  A  married  woman 
can  not  contract  as  a  partner  in  business,  nor  embark  her  separate  means 
in  trade. 

Utah  Territory. 

All  property  owned  by  either  wife  before  marriage,  and  that  acquired 
afterward  by  gift,  bequest,  devise,  or  descent,  is  the  separate  property 
of  such  wife,  and  may  be  held,  managed,  controlled,  transferred,  and 
disposed  of  by  her  without  the  consent  of  her  husband.  And  either  wife 
may  sue  or  be  sued. 

A  married  woman  may  carry  on  business  with  or  respecting  her  sepa¬ 
rate  property,  and  her  promissory  note  or  other  form  of  contract  made  in 
relation  to  such  business  is  binding  on  her. 

Vermont. 

The  real  estate  of  a  married  woman  can  not  be  attached  or  levied  upon 
for  the  sole  debts  of  her  husband,  except  that  such  annual  products  may 
be  so  taker  for  his  debt  created  for  necessaries  for  his  wife  and  family, 


HOW  TO  BE  YOUR  OWN  LAWYER. 


235 


or  for  labor  or  materials  furnished  upon,  or  for  the  cultivation  and  im¬ 
provement  of,  such  real  estate. 

If  a  married  woman  does  business  in  her  own  name,  a  court  of  equity 
will  enforce  her  contracts  made  in  the  course  of  such  business,  against 
her  separate  property. 

All  property,  real  and  personal,  belonging  to  a  woman  at  the  time  of 
her  marriage,  or  afterward  acquired  by  her,  is  her  separate  property,  and 
is  not  liable  for  her  husband’s  debts,  nor  for  debts  contracted  for  the 
support  of  herself  or  her  children  as  her  husband’s  agent,  nor  for  such 
debts  contracted  by  the  husband.  A  married  woman  carrying  on  busi¬ 
ness  in  her  own  name  may  sue  and  be  sued  in  all  matters  connected  with 
such  business,  in  the  same  manner  as  if  she  were  unmarried,  and  execu¬ 
tion  may  issue  against  her  and  be  levied  on  her  sole  and  separate  goods, 
chattels,  and  estate. 

All  personal  property  and  rights  of  personal  action  acquired  by  a  mar¬ 
ried  woman  during  coverture  by  inheritance  or  distribution,  is  held  to 
her  sole  and  separate  use.  Her  earnings  are  not  subject  to  attachment 
by  the  trustee  process  upon  her  husband’s  debts.  She  may  make  a  will, 
and  devise  her  real  or  personal  property.  The  husband  must  join  in  the 
conveyance  of  the  wife’s  real  estate. 

Virginia. 

The  real  and  personal  property  of  any  female  who  may  hereaftei 
marry,  and  which  she  shall  own  at  the  time  of  her  marriage,  and  the 
rents,  issues,  and  profits  thereof,  and  any  property,  real  or  personal,  ac¬ 
quired  by  a  married  woman  as  a  separate  and  sole  trader,  shall  not  be 
subject  to  the  disposal  of  her  husband,  nor  be  liable  for  his  debts,  and 
shall  be  and  continue  her  separate  and  sole  property  ;  and  any  such  mar¬ 
ried  woman  shall  have  power  to  contract  in  relation  thereto,  or  for  the 
disposal  thereof,  and  may  sue  and  be  sued  as  if  she  was  a feme  sole  ;  pro¬ 
vided,  that  her  husband  shall  join  in  any  contract  in  reference  to  her  real 
or  personal  property,  other  than  such  as  she  may  acquire  as  a  sole  trader, 
and  shall  be  joined  with  her  in  any  action  by  or  against  her  ;  and  pro¬ 
vided,  further,  that  nothing  herein  contained  shall  deprive  her  of  the 
power  to  create,  without  the  concurrence  of  her  husband,  a  charge  upon 
such  sole  and  separate  estate  as  she  would  be  empowered  to  charge  with¬ 
out  the  concurrence  of  her  husband  if  this  act  had  not  been  passed. 

All  real  and  personal  estate  hereafter  acquired  by  any  married  woman, 
whether  by  gift,  grant,  purchase,  inheritance,  devise,  or  bequest,  shall  be 
and  continue  her  sole  and  separate  estate,  subject  to  the  provisions  and 
limitations  of  the  preceding  section,  although  the  marriage  may  have 
been  solemnized  previous  to  the  passage  of  this  act,  and  she  may  devise 
and  bequeath  the  same  as  if  she  were  unmarried  ;  and  it  shall  not  be  lia¬ 
ble  to  the  debts  or  liabilities  of  her  husband  ;  provided,  that  nothing  con¬ 
tained  in  this  act  shall  be  construed  to  deprive  the  husband  of  courtesy  in 
his  wife’s  real  estate,  nor  the  wife  of  dower  in  her  husband’s  estate  ;  and 
provided,  further,  that  the  sole  and  separate  estate  created  by  any  gift, 
grant,  devise,  or  bequest  shall  be  held  according  to  the  terms  and  powers, 
and  be  subject  tc  the  provisions  and  limitations  thereof,  and  to  the  pro 


236 


HOW  TO  BE  YOUR  OWN  LAWYER. 


visions  and  limitations  of  this  act,  so  far  as  they  are  in  conflict  thereof ; 
provided  that  nothing  herein  contained  shall  be  so  construed  as  to  modify 
or  alter  section  seven  of  ch.  128  of  the  Code  of  1873,  except  as  hereinafter 
provided ;  that  is  to  say,  where  the  wife  is  a  minor,  having  an  estate  in 
the  hands  of  a  guardian,  it  shall  not  be  lawful  for  said  guardian  to  pay 
or  turn  over  her  estate  before  she  attains  the  age  of  twenty-one  years, 
notwithstanding  her  marriage. 

Any  married  woman  may,  in  her  own  name,  or  by  her  next  friend, 
file  a  bill  in  equity  in  any  court  having  jurisdiction  over  the  subject-mat¬ 
ter,  in  the  event  of  her  husband’s  refusing  or  being  incompetent  to  unite 
in  the  conveyance  or  disposal  of  her  separate  estate ;  and  if  the  court 
shall  be  of  the  opinion  that  the  interest  of  the  married  woman  will  be 
promoted  by  a  sale  thereof,  may  make  such  decree  as  may  be  necessary 
to  convey  absolute  title  thereto. 

Washington  Territory. 

A  married  woman  may  sue  and  be  sued  without  joining  her  husband, 
when  the  action  concerns  her  separate  property,  or  her  right  or  claim  to 
the  homestead  property,  when  she  is  living  separate  and  apart  from  her 
husband,  or  when  the  action  is  between  herself  and  her  husband.  If  a 
husband  and  wife  be  sued  together  she  may  defend  for  her  own  right, 
and  for  his  also  if  he  neglects  to  do  so. 

All  property,  both  real  and  personal,  owned  by  the  wife  before  mar¬ 
riage,  and  that  acquired  afterward  by  gift,  devise,  or  descent,  is  her  sep¬ 
arate  property.  All  property  acquired  during  marriage  except  by  gift, 
devise,  or  descent  constitutes  their  common  property. 

The  husband  has  the  management  and  control  of  the  separate  property 
of  the  wife  during  marriage,  but  can  not  sell  or  convey  such  property  or 
any  interest  therein  unless  she  joins  in  the  conveyance  and  acknowledges 
as  in  deeds.  The  separate  property  of  the  wife  is  liable  to  be  seized 
upon  execution  and  sold  to  pay  the  debts  of  the  husband  unless  she 
shall  have  signed,  acknowledged,  and  filed  and  recorded  in  the  office  of 
the  auditor  of  the  county  where  the  land  is  situated  an  inventory 
thereof.  The  separate  property  of  the  wife,  when  recorded  as  aforesaid, 
is  not  liable  for  debts  contracted  by  her  for  the  support  of  herself  and 
family. 

A  married  woman  can  not  transact  business  as  a  single  woman. 

West  Virginia. 

A  married  woman  may  take  by  inheritance,  or  by  gift,  grant,  devise,  or 
bequest,  from  any  person  other  than  her  husband,  and  hold  to  her  sole 
and  separate  use,  real  and  personal  property,  and  any  interest  or  estate 
therein,  and  the  same  shall  not  be  subject  to  the  disposal  of  her  husband  nor 
be  liable  for  his  debts.  No  married  woman,  unless  she  is  living  separate 
and  apart  from  her  husband,  shall  sell  and  convey  her  real  estate,  unless 
her  husband  joins  in  the  deed  or  other  writing  by  which  the  same  is  sold 
or  conveyed.  She  may  keep  a  bank  account  and  check  out  her  own 
money  in  her  own  name.  A  married  woman,  living  separate  and  apart 


HOW  TO  BE  YOITB  OWN  LAWYER. 


2  SI 


from  her  husband  may,  in  her  own  name,  carry  on  any  trade  or  business, 
and  the  stock  and  property  used  in  such  trade,  and  the  issues  and  profits 
thereof,  together  with  her  own  earnings  realized  from  such  trade  or  busi¬ 
ness,  or  otherwise,  shall  be  her  sole  and  separate  property,  and  shall  not 
be  subject  to  the  control  of  her  husband  nor  liable  for  his  debts.  The 
separate  property  left  to  the  wife  by  will  before  or  after  marriage  is  not 
bound  for  her  husband’s  debts.  Her  property  alone  is  liable  for  her  debts 
contracted  before  marriage.  A  wife’s  separate  property  is  not  liable  for 
debts  contracted  for  tlie  support  of  herself  or  her  children  by  her  as  her 
husband’s  agent ;  it  is,  however,  liable  where  she  makes  the  contract  as 
her  owm.  A  married  woman’s  note  is  a  charge  upon  her  separate  estate 
only.  A  married  woman  may  transact  business  as  a  feme  sole,  but  only 
her  separate  estate  is  liable  for  the  debts. 

Wisconsin. 

The  real  and  personal  property  of  the  wife  at  the  time  of  marriage, 
and  the  rents,  issues,  and  profits  thereof,  and  any  which  she  may  receive 
by  inheritance,  gift,  grant,  devise,  or  bequest,  from  any  person  other 
than  her  husband,  is  her  separate  property,  not  subject  to  the  disposal  of 
her  husband,  nor  liable  for  his  debts.  She  may  convey  and  devise  real 
and  personal  property  precisely  as  if  unmarried. 

If  her  husband  from  any  cause  shall  neglect  or  refuse  to  provide  for 
her  support,  or  the  support  and  education  of  her  children,  or  desert  her, 
she  has  the  right,  in  her  own  name,  to  transact  bnsiness,  and  to  receive 
and  collect  her  own  earnings  and  those  of  her  own  minor  children,  and 
apply  the  same  for  her  own  support,  and  the  support  and  education  of 
her  minor  children,  free  from  the  control  and  interference  of  her  hus¬ 
band,  or  any  person  claiming  the  same,  or  to  be  released  from  the  same, 
by,  through,  or  under  her  husband. 

The  husband  is  released  from  liability  for  the  wife’s  ante-nuptial  debts  ; 
the  wife’s  earnings  are  her  separate  property,  not  subject  to  his  control 
or  liable  for  his  debts ;  she  may  sue  for  them  and  all  her  ante-nuptial 
claims  alone,  as  if  she  were  a  feme  sole. 

The  separate  estate  of  a  married  woman  is  liable  at  law  for  all  debts 
contracted  for  the  benefit  of  it,  as  if  she  were  sole.  Her  separate  estate 
is  liable  for  debts  contracted  for  the  support  of  herself  and  children,  as 
agent  for  her  husband,  only  when  she  expressly  charges  her  separate  es¬ 
tate  for  the  payment  of  the  same.  She  may  sue  and  be  sued  alone  when 
the  action  concerns  her  separate  property  or  business  or  ante-nuptial 
debts.  She  may  make  what  disposition  of  her  separate  property  she 
pleases,  sell  or  exchange  it,  invest  the  proceeds,  and  accept  payment  as 
any  other  owner  might  do.  She  may  take  title  directly  from  her  hus¬ 
band,  the  same  as  if  the  relation  of  husband  and  wife  did  not  exist. 

Wyoming  Territory. 

A  married  woman  may  make  a  will,  sue  and  be  sued,  make  contracts, 
carry  on  a  trade  or  business,  retain  her  own  earnings,  and  hold  property 
real  or  personal,  with  the  rents  and  profits  of  the  same,  in  her  own  name. 


238 


HOW  TO  BE  YOUR  OWN  LAWYER. 


free  from  the  control  or  interference  of  her  husband,  the  same  as  though 
she  were  sole  and  unmarried.  And  her  property  is  not  liable  for  tha 
debts  of  her  husband. 

She  has  also  all  the  rights  of  an  elector,  and  may  hold  office  and  vota 
at  all  elections  in  the  same  manner  as  other  electors. 


Marriage  License. 

State  op  I 

County  of  C f  * 


License  is  hereby  granted  to  any  person  authorized  to  solemnize  mar¬ 
riages  according  to  the  laws  of  said  State,  to  join  in  marriage  A.  B.  and 
C.  D.,  of  the  county  aforesaid  ;  and  the  person  joining  them  in  marriage 
is  also  required  to  make  due  return  of  the  certificate  annexed,  to 
within  days,  of  the  names  of  the  parties,  time  and  place  of  marriage 
and  by  whom  solemnized. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  official  seal, 
at  in  said  county,  this  day  of  a.d.  18  . 

[Signature  and  title.] 

[Seal.] 

Marriage  Certificate. 


This  certifies  that,  on  the  day  of  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  A.  B.,  of  in  the  State  of 
and  C.  D.,  of  in  the  State  of  were  by  me  united  in  marriage,  at 
[naming  the  town  or  city],  in  the  county  of  according  to  the 
laws  of  the  State  of  and  in  presence  of  the  witness  [or  witnesses] 
below  named.  And  I  do  further  certify,  that  the  said  A  B.  and  C.  D. 
are  known  to  me  [or  were  satisfactorily  proved  by  the  oath  of  E.  F. , 
known  to  me],  to  be  the  persons  described  in  this  certificate  ;  that 
I  ascertained,  previous  to  the  solemnization  of  the  said  marriage,  that 
the  said  parties  were  of  sufficient  age  to  contract  the  same ;  and  that, 
after  due  inquiry  by  me  made,  there  appeared  no  lawful  impediment  to 
such  marriage. 

[Signature  and  title.] 

[Signatures  of  witnesses.] 


Marriage  Settlement 

This  indenture,  made  the  day  of  18  ,  between  A.  B.  [the 
intended  husband],  of  of  the  first  part,  C.  D.  [the  intended  wife],  of 
of  the  secondf  part,  and  E.  F.  [the  trustee],  of  of  the  third  part, 
witnesseth  :  That,  whereas  a  marriage  is  intended  to  be  had  between  the 
said  parties  of  the  first  and  second  parts ;  and  the  said  party  of  the 
second  part  is  seized  and  possessed  of  a  large  estate  situate  in  and  it 
is  agreed  by  and  between  them  and  the  party  of  the  third  part,  that  the 
said  estate  should  be  settled  upon  the  trusts  and  for  the  purposes  herein¬ 
after  declared  : 

Now,  therefore,  in  consideration  of  the  said  intended  marriage,  and  of 
the  sum  of  one  dollar  to  the  said  party  of  the  second  part,  by  the  said 
party  of  the  third  part  paid,  the  receipt  whereof  is  hereby  acknowl 


HOW  TO  BE  YOUR  OWN  LAWYER. 


239 


edged,  the  said  party  of  the  second  part  hath  granted,  bargained,  and 
sold,  and  by  these  presents  doth  grant,  bargain,  and  sell  unto  the  said 
party  of  the  third  part,  his  successors  and  assigns,  all  that  [here  de¬ 
scribe  the  property]  :  To  have  and  to  hold  the  said  tenements  and 
hereditaments,  with  their  appurtenances,  unto  the  said  party  of  the  third 
part,  his  successors  and  assigns,  to  such  uses  and  purposes  as  are  herein¬ 
after  mentioned — to  wit :  For  the  use  and  benefit  of  the  said  party  of 
the  second  part,  until  her  said  intended  marriage  shall  take  place,  and 
from  and  after  the  solemnization  thereof,  then  upon  trust  from  time  to 
time  to  apply  to  the  use  of  the  said  party  of  the  second  part,  all  the 
interest,  dividends,  and  annual  produce  thereof,  during  the  joint  lives  of 
the  said  parties  of  the  first  and  second  parts,  to  her  own  proper  use  and 
benefit,  and  upon  her  own  proper  receipt  for  the  same,  notwithstanding 
her  coverture,  to  the  intent  that  the  same  may  not  be  at  the  disposal  or 
under  the  control  of  the  said  party  of  the  first  part,  or  in  any  manner 
subject  to  his  debts  and  engagements  ;  and  from  and  immediately  after 
the  decease  of  the  said  party  of  the  first  part,  in  case  the  said  party  of 
the  second  part  shall  survive  him,  then  upon  trust  for  the  use  and  benefit 
of  the  said  party  of  the  second  part,  her  executors,  administrators,  and 
assigns ;  and  upon  trust  in  such  case  to  grant  and  convey  the  trust 
estate,  and  every  part  thereof,  to  the  said  party  of  the  second  part 
absolutely,  or  to  grant  and  convey  the  same  to  such  person  or  persons 
as  she,  by  any  writing  to  be  by  her  duly  executed,  may  limit,  direct,  and 
appoint.  But  in  case  the  said  party  of  the  first  part  shall  survive  the 
said  party  of  the  second  part,  then  upon  trust  from,  and  immediately 
after  her  decease,  to  apply  to  the  use  of  the  said  party  of  the  first  part, 
all  the  interest,  dividends,  and  annual  produce  thereof,  from  time  to 
time,  during  his  natural  life,  to  and  for  his  own  use  and  benefit ;  and  on 
the  decease  of  the  said  party  of  the  first  part,  to  pay  and  divide  the 
capital  or  principal  of  the  said  trust-fund,  and  to  grant  and  convey  all 
her  real  estate  to  and  among  the  lawful  children  of  the  said  party  of  the 
second  part,  and  their  issue,  in  such  proportions,  shares,  manner,  and 
form  as  she,  by  any  writing,  under  her  hand  subscribed  in  the  presence 
of  two  or  more  witnesses,  shall  direct  and  appoint ;  and  for  want  of  such 
appointment,  to  and  among  the  said  children  of  the  said  party  of  the 
second  part,  and  the  lawful  issue  of  such  of  them  as  may  be  deceased, 
according  to  the  rules  of  descent  and  of  distribution  in  cases  of  intestacy. 
But  if  there  be  no  issue  of  the  said  party  of  the  second  part  then  sur¬ 
viving,  then,  upon  trust,  to  pay  and  dispose  of  the  said  capital  or  prin- 
cipa1  and  grant  and  convey  the  said  real  estate  according  to  the  direction 
and  appointment  of  the  said  party  of  the  second  part,  and  for  want  cf 
*uch  appointment,  to  and  among  her  then  surviving  nephews  and  nieces, 
children  of  her  sisters  and  the  lawful  issue  of  such  of  them  as  may  be 
deceased,  according  to  the  like  rule  of  descent  and  distribution. 

In  witness  whereof  the  parties  to  these  presents  have  hereunto  inter¬ 
changeably  set  their  hands  and  seals  the  day  and  year  first  above  written 

[Signatures  and  seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signature  of  witness.] 


240 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Settlement  of  Jointure  instead  of  Dower. 

This  indenture,  made  and  entered  into  this  day  of  one  thousand 
eight  hundred  and  between  A.  B.,  of  county  of  and  State  of 
of  the  first  part ;  C.  D.,  of  aforesaid,  of  the  second  part ;  and 
E.  F.,  of  the  same  place,  of  the  third  part ;  witnesseth  : 

That  the  said  A.  B.,  in  consideration  of  a  marriage  about  to  be  had 
between  him,  the  said  A.  B.,  and  the  said  C.  D.,  does  for  himself,  his 
heirs,  and  assigns,  covenant  and  agree  to  and  with  the  said  E.  F., 
his  executors  and  administrators,  that  he,  the  said  A.  B.,  his  heirs  and 
assigns,  shall  and  will  forever  hereafter  stand  seized  and  possessed  of 
and  in  a  certain  tract  or  parcel  of  land,  with  the  appurtenances,  situate 
in  the  town  of  county  of  and  State  aforesaid,  and  bounded  and 
described  as  follows,  to  wit :  [describing  the  premises]  ;  it  being  the  same 
premises  to  the  said  A.  B.,  his  heirs  and  assigns,  in  fee  simple  forever 
conveyed  by  one  G.  H. ,  by  deed  of  indenture  dated  the  day  of  in 
the  year  one  thousand  eight  hundred  and  and  recorded  in  the  proper 

office  for  recording  conveyances  in  said  county  of  in,  etc. ;  to  and 
for  the  uses  following,  that  is  to  say  :  to  the  use,  benefit,  and  behoof  of 
the  said  A.  B.,  for  and  during  the  term  of  his  natural  life,  without  im¬ 
peachment  of  waste;  and  after  his  marriage  with  the  said  C.  D.,  and 
after  his  decease,  to  her  use  during  her  actual  life  [or,  if  desired,  as  long 
as  she  shall  remain  his  widow  and  unmarried],  without  impeachment  of 
waste,  as  and  for  the  jointure  of  her,  the  said  C.  D.,  and  in  lieu  and 
satisfaction  of  her  whole  dower  in  his  estate  ;  and  after  his  decease  and 
the  expiration  of  her  estate,  to  the  use  of  his  heirs  and  assigns  forever. 

And  the  said  C.  D.,  party  of  the  second  part  hereto,  in  consideration 
of  the  premises  and  of  the  further  sum  of  one  dollar,  to  her  in  hand  paid 
by  the  said  A.  B.,  party  of  the  first  part  hereto,  the  receipt  whereof  is 
hereby  acknowledged,  doth  for  herself,  her  heirs,  executors,  and  adminis¬ 
trators,  covenant  and  agree  with  the  said  A.  B.,  that  the  lands  so  as 
above  assigned  to  her  shall  be  in  full  satisfaction  of  her  dower  in  his 
estate,  and  shall  forever  debar  her  from  claiming  the  same,  in  case  of  her 
surviving  the  said  A.  B.  after  marriage ;  and  further,  if  the  said  marriage 
shall  take  place,  and  she  shall  survive  him,  that  she  will  not  claim  any 
share  in  his  personal  estate,  unless  some  part  thereof  be  given  by  him  to 
her  in  his  last  will  and  testament,  or  by  some  act  done  by  him  subse¬ 
quently  to  the  execution  of  these  presents. 

In  witness  whereof,  the  parties  have  hereunto  affixed  their  names  and 
seals  this  day  of  18  .  [Signatures  and  seals.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signatures  of  witnesses.] 

Articles  of  Separation. 

This  indenture,  made  this  day  of  one  thousand  eight  hundred 
and  .  between  A.  B.,  of  of  the  first  part,  and  C.  B.,  his  wife,  of  the 
second  part,  and  E.  F.,  of  as  trustee  of  the  said  C.  B.,  of  the  third 
part :  Whereas  divers  disputes  and  unhappy  differences  have  arisen  be¬ 
tween  the  said  party  of  the  first  part  and  his  said  wife,  for  which  reason 
they  have  consented  and  agreed,  and  hereby  do  consent  and  agree,  to  live 


HOW  TO  BE  YOTJK  OWN  LAWYER. 


241 


separate  and  apart  from  each  other  during  their  natural  life  :  Therefore 
this  indenture  witnesseth,  that  the  said  party  of  the  first  part,  in  con¬ 
sideration  of  the  premises,  and  in  pursuance  thereof,  does  hereby  cov¬ 
enant,  promise,  and  agree  to  and  with  the  said  trustee,  and  also  to  and 
with  his  said  wife,  that  it  shall  and  may  be  lawful  for  her,  his  said  wife, 
at  all  times  hereafter,  to  live  separate  and  apart  from  him,  and  that  he 
shall  and  will  allow  and  permit  her  to  reside  and  be  in  such  place  and 
places,  and  in  such  family  and  families,  and  with  such  relations,  friends, 
and  other  persons,  and  to  follow  and  carry  on  such  trade  or  business  as 
she  may  from  time  to  time  choose  or  think  fit ;  and  that  he  shall  not,  nor 
will  at  any  time,  sue,  or  suffer  her  to  be  sued,  for  living  separate  and 
apart  from  him,  or  compel  her  to  live  with  him  ;  nor  sue,  molest,  disturb, 
or  trouble  any  other  person  whomsoever,  for  receiving,  entertaining,  or 
harboring  her ;  and  that  he  will  not,  without  her  consent,  visit  her,  or 
knowingly  enter  any  house  or  place  where  she  shall  dwell,  reside,  or  be, 
or  send,  or  cause  to  be  sent,  any  letter  or  message  to  her  ;  nor  shall  or 
will  at  any  time  hereafter,  claim  or  demand  any  of  her  money,  jewels, 
plate,  clothing,  household  goods,  furniture,  or  stock  in  trade,  which  she 
now  has  in  her  power,  custody,  or  possession,  or  which  she  shall  or  may 
at  any  time  hereafter  have,  buy,  or  procure,  or  which  shall  be  devised  or 
given  to  her,  or  that  she  may  otherwise  acquire,  and  that  she  shall  and 
may  enjoy  and  absolutely  dispose  of  the  same  as  if  she  were  a  feme  sole 
and  unmarried  ;  and  further,  that  the  said  party  of  the  first  part  shall  and 
will  well  and  truly  pay,  or  cause  to  be  paid,  for  and  towards  the  better 
support  and  maintenance  of  his  said  wife  [here  state  the  provision  for 
maintenance],  which  the  said  party  of  the  second  part  does  hereby  agree 
to  take  in  full  satisfaction  for  her  support  and  maintenance,  and  all 
alimony  whatever.  And  the  said  trustee,  in  consideration  of  the  sum  of 
one  dollar  to  him  duly  paid,  does  covenant  and  agree  to  and  with  the 
said  party  of  the  first  part,  to  indemnify  and  bear  him  harmless  of  and 
from  all  debts  of  his  said  wife,  contracted,  or  that  may  hereafter  be  con¬ 
tracted  by  her,  or  on  her  account ;  and  if  the  said  party  of  the  first  pait 
shall  be  compelled  to  pay  any  such  debt  or  debts,  the  said  trustee  hereby 
agrees  to  repay  the  same,  on  demand,  to  the  said  party  of  the  first  part, 
with  all  damage  and  loss  that  he  may  sustain  thereby. 

In  witness  whereof  the  said  parties  have  hereunto  affixed  their  names 
and  seals’  this  day  of  one  thousand  eight  hundred  and 

[Signatures  and  seals.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signatures  of  witnesses.] 

MASTER  AND  SERVANT. 

Apprentices. 

An  apprentice  is  a  person  bound  in  due  form  of  law  to  a  master  to 
learn  from  him  his  art,  trade,  or  business,  and  to  serve  him  during  the 
time  of  his  apprenticeship. 

11 


242 


HOW  TO  BE  YOUR  OWN  LAWYER. 


The  contract  of  apprenticeship  is  generally  in  writing  under  seal,  and 
is  construed  and  enforced  as  to  all  the  parties  by  the  principles  of  the 
law  of  contracts. 

This  contract  does  not  bind  a  person  under  legal  age  unless  entered 
into  by  him  with  the  consent  of  the  parent  or  guardian. 

If  the  minor  be  a  pauper  he  can  be  apprenticed  by  the  proper  author¬ 
ities  without  his  consent.  The  contract  continues  only  during  the  mi¬ 
nority  of  the  apprentice. 

The  master  is  bound  to  render  practical  instruction  in  the  trade  in 
question. 

The  master  must  futil  all  the  covenants  he  has  entered  into  by  his 
contract  with  the  apprentice. 

He  has  no  right  to  employ  the  apprentice  in  menial  services  not  con¬ 
nected  with  the  trade  or  business  which  he  has  agreed  to  teach  him. 

He  can  not  dismiss  his  apprentice  except  by  consent  of  all  parties  to 
the  instrument  of  apprenticeship.  An  apprentice  under  legal  age  is  in¬ 
capable  in  law  of  consenting  to  his  own  discharge. 

Ordinarily  the  master  is  bound  to  furnish  board  and  clothing  and 
provide  proper  medicines  and  attendance  in  case  of  sickness. 

The  master  has  a  right  to  the  services  and  earnings  of  his  apprentice, 
and  can  bring  an  action  for  their  recovery,  if  the  apprentice  works  for 
another  party. 

The  apprentice  is  bound  to  obe}~  his  master  in  his  lawful  commands, 
and  endeavor  to  learn  his  trade  or  business  during  the  term  of  his  ap¬ 
prenticeship. 

The  apprenticeship  is  to  be  considered  as  a  trust,  and  can  not  be  as¬ 
signed,  but  still  if  an  apprentice  consents  to  the  assignment  and  continues 
with  his  new  master,  he  can  not  recover  for  the  services  after  attaining 
his  majority,  as  it  will  be  construed  as  a  continuation  of  the  old  appren¬ 
ticeship.  As  a  general  rule  the  death  of  a  master  dissolves  the  contract 
of  apprenticeship,  unless  the  contrary  is  stated  in  the  instrument. 

So  also  it  may  be  dissolved  by  death  of  the  apprentice  or  by  the  action 
of  the  public  authorities. 

Servants. 

A  servant  is  a  person  who  lets,  hires,  or  engages  his  or  her  services  to 
another  to  be  employed  at  some  particular  occupation  or  at  any  occupa¬ 
tion  for  the  benefit  of  the  employer,  for  a  certain  sum. 

The  servant  must  render  services  for  the  entire  time  of  the  contract 
and  on  this  depends  his  right  to  recover  wages.  Thus,  if  A  should  agree 


now  TO  BE  TOUR  OWN  LAWYER. 


243 


to  work  for  B  for  one  year  and  should  leave  without  cause  before  that 
period  had  expired,  he  could  not  recover  on  his  contract. 

The  master  must  employ  the  servant  for  the  entire  time  of  the  con¬ 
tract,  and  should  he  discharge  him  without  cause  he  would  be  liable  to 
a  suit  for  damages.  It  would  be  the  duty  of  a  servant  in  a  case  of  this 
nature  to  endeavor  to  secure  employment  and  thus  reduce  the  amount 
of  the  damages.  If  he  should  fail  to  secure  employment,  his  damages 
would  be  the  amount  of  wages  he  would  have  received  had  he  not  been 
discharged. 

If  before  the  expiration  of  the  term  the  servant  leaves  without  cause 
he  forfeits  his  wages. 

The  master  may  dismiss  the  servant  before  the  expiration  of  his  time 
for  wilful  disobedience,  immoral  conduct,  habitual  neglect,  and  the  ser¬ 
vant  will  not  be  entitled  to  recover  his  wages. 

The  master  must  furnish  the  servant  with  suitable  tools  and  imple¬ 
ments  of  labor,  and  will  be  liable  for  injury  which  may  result  to  the 
servant  from  any  defectiveness  in  such  tools  which  was  known  to  him. 
If  the  servant’s  negligence  contributed  to  the  injury  he  can  not  recover. 

If  the  tools  and  implements  are  not  defective  the  master  will  not  in 
general  be  responsible,  as  the  servant  is  supposed  to  take  into  considera¬ 
tion  the  risks  when  he  agrees  for  certain  wages  to  accept  the  position. 
The  master  must  use  reasonable  care  in  selecting  competent  and  trusty 
servants. 

Where  proper  care  has  been  exercised  in  the  selection  of  servants,  the 
master  is  not  responsible  for  an  injury  caused  to  one  servant  by  the  care¬ 
lessness  of  another  while  both  are  engaged  in  the  same  service. 

The  master  is  bound  by  all  contracts  made  by  the  servant  within  the 
6cope  of  his  authority.  He  is  not  bound  to  provide  medicines  and  attend¬ 
ance  in  case  the  servant  is  sick. 

The  master  is  responsible  for  what  his  servant  does  during  his  regular 
employment.  This  is  especially  true  in  the  fulfilment  of  contracts. 

He  is  liable  for  injuries  occasioned  by  the  neglect  or  unskilfulness  or 
the  injurious  acts  of  the  servant  during  his  regular  employment. 

In  order  to  hold  the  master  the  act  must  be  negligent  and  done  during 
the  servant’s  employment. 

The  Contract  of  Apprenticeship. 

7.— Indenture  with  Consent  of  Father. 

This  indenture,  made  this  day  of  18  ,  witnessed) :  That  C. 
of  the  town  of  in  the  county  of  and  State  of  now  aged 


244 


HOW  TO  BE  YOUR  OWN  LAWYER. 


years,  with  the  consent  of  A.  B. ,  his  father,  hereon  indorsed,  f  does  hereby 
of  his  [or  her]  own  free  will,  bind  himself  [or  herself]  to  serve  E.  F.,  of 
the  town  of  in  the  county  of  and  State  of  as  apprentice  [or 
clerk,  or  servant]  in  the  trade  of  a  blacksmith  [or  other  trade,  profession, 
or  employment,  according  to  the  fact],  and  to  learn  the  said  trade,  pro- 
fession,  or  employment,  until  the  said  C.  B.  shall  have  attained  the  age 
of  twenty-one  years,  which  will  be  on  the  day  of  in  the  year  18 
[or  for  the  term  of  years  from  this  date],  during  all  which  time  the 
said  apprentice  shall  serve  the  said  master  faithfully,  honestly,  and  indus¬ 
triously,  keep  his  secrets,  and  everywhere  readily  obey  his  lawful  com¬ 
mands  ;  at  all  times  protect  and  preserve  the  goods  and  property  of  the  said 
master,  and  not  suffer  or  allow  any  to  be  injured  or  wasted.  He  [or  she] 
shall  not  buy,  sell,  or  traffic  with  his  own  goods  or  the  goods  of  others, 
nor  be  absent  from  the  said  master’s  service,  day  or  night,  without  leave  ; 
but  in  all  things  behave  as  a  faithful  apprentice  ought  to  do,  during  the 
said  term.  And  the  said  master  shall  clothe  and  provide  for  the  said  ap¬ 
prentice  in  sickness  and  in  health,  and  Supply  him  [or  her]  with  suitable 
food  and  clothing  ;  and  shall  use  and  employ  the  utmost  of  his  endeavors 
to  teach,  or  cause  the  said  apprentice  to  be  taught  or  instructed  in,  the 
art,  trade,  or  mystery  of  [stating  trade,  etc. ,  as  above]  ;  and  also  cause 
the  said  apprentice,  within  such  term,  to  be  instructed  to  read  and  write 
[and  if  a  male,  add  :  and  in  the  general  rules  of  arithmetic]. 

And  for  the  true  performance  of  all  and  singular  the  covenants  and 
agreements  aforesaid,  the  said  parties  bind  themselves,  each  unto  the 
other,  firmly  by  these  presents. 

In  witness  whereof,  the  parties  aforesaid  have  hereunto  set  their  hands 
and  seals  the  day  and  year  first  above  written. 

[Signature  and  seal  of  apprentice.] 

[Signature  and  seal  of  master.] 


2—  Indenture  with  Consent  of  Mother. 

This  indenture,  made  this  day  of  18  ,  witnesseth  :  That  C.  B., 
of  the  town  of  in  the  county  of  and  State  of  now  aged 
years,  with  the  consent  of  A.  B.,  his  mother,  his  father  having  abandoned 
and  neglected  to  provide  for  his  family  [or  being  dead,  or  being  insane 
and  not  in  a  legal  capacity  to  give  his  consent],  as  hereon  certified  by  a 
justice  of  the  peace  of  the  said  town,  said  consent  being  also  indorsed 
hereon  [thence  continue  as  in  Form  1,  from  the  f]. 


3 —Indenture  with  Consent  of  Guardian. 

This  indenture,  made  this  day  of  18  ,  witnesseth  :  That  C.  B., 
of  the  town  of  in  the  county  of  and  State  of  with  the  consent 
of  M.  N.,  his  duly-appointed  guardian,  his  father  and  mother  being  dead 
[or  his  father  being  dead  and  his  mother  refusing  her  consent ;  or  not 
being  in  legal  capacity  to  sjive  consent],  as  appears  by  such  consent 
hereon  indorsed  [thence  continue  as  in  Form  1  from  the  f]. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


245 


4.—  Contract  of  Apprenticeship. 

FORM  OF  INDENTURE  APPROVED  BY  THE  CARRIAGE  BUILDERS’  N4 
TIONAL  ASSOCIATION  OF  THE  UNITED  STATES. 

This  agreement,  made  this  day  of  a.d.  18  between  of  the 
first  part,  and  of  the  second  part,  witnesseth  : 

That  the  said  hath  voluntarily  and  of  his  own  free  will  engaged 

himself  as  an  apprentice  to  the  said  to  learn  the  trade  or  art  of 
and  after  the  manner  of  an  apprentice  to  serve  the  said  from  this  date 
until  the  day  of  a.d.  18  at  which  time  he  will  attain  the  age  of 
twenty-one  years. 

And  the  said  promises  that  during  all  the  said  term  of  his  appren¬ 
ticeship  he  will  serve  his  said  employer  faithfully,  will  keep  his  secrets, 
and  obey  his  lawful  demands  ;  that  he  will  do  to  the  property  of  his  said 
employer,  or  to  the  property  of  others  in  his  charge,  no  damage,  nor  see 
such  damage  done  by  others,  without  giving  immediate  notice  thereof ; 
that  he  will  not  waste  the  goods  or  property  of  his  said  employer,  nor, 
without  due  authority,  lend  them  or  permit  others  to  use  them,  but  that 
he  will  in  all  things  behave  himself  as  a  faithful  apprentice  ought  to  do. 

And  the  said  promises  that  he  will  make  all  reasonable  endeavors 
to  teach  his  said  apprentice,  or  to  cause  him  to  be  taught,  in  the  aforesaid 
trade  or  art,  and  wall  pay  him  for  his  services,  during  the  said  term  of 
his  apprenticeship  (making  deductions  for  absences  from  sickness  or 
without  leave),  as  follows  : 

During  the  first  year  $  per  week  ;  during  the  second  year  $  per 
week  ;  during  the  third  year  $  per  week ;  during  the  fourth  year 
$  per  week  ;  during  the  fifth  year  $  per  week. 

And  upon  the  completion  of  his  said  apprenticeship,  if  the  said  appren¬ 
tice  has  faithfully  performed  the  duties  thereof,  will-  pay  him  a  further 
sum  equal  to  five  per  cent,  of  all  sums  previously  payable  to  him  under 
this  agreement,  and  will  give  him  a  certificate  setting  forth  the  fact  that 
he  has  served  him  as  an  apprentice,  the  length  of  time  during  which  he 
has  so  served,  and  the  trade  or  art  to  which  his  labors  have  been  given. 

I,  the  of  the  above  named  hereby  consent  to  and  approve 
the  foregoing  agreement  of  apprenticeship,  and  bind  myself  to  the  said 
in  the  penal  sum  of  One  Hundred  Dollars  for  the  faithful  perform¬ 
ance  of  the  terms  thereof  by  the  said  apprentice. 

In  witness  whereof  the  said  parties  hereto,  and  to  another  instrument 
of  like  tenor,  set  their  hands  on  the  day  and  year  above  mentioned. 

Witness  : 

;seai.; 

'Seal.’ 

-  Seal.” 


MECHANICS. 

It  is  a  very  important  matter  writh  mechanics  of  all  kinds  to  know  how 
to  draw  up  contracts  in  such  a  way  that  their  rights  will  be  fully  pro- 


246 


HOW  TO  BE  YOUR  OWN  LAWYER. 


tected,  and  this  book,  therefore,  is  of  special  value  to  all  classes  of  me 
chanics,  and  particularly  to  those  to  whom  the  lien  laws  afford  relief  in 
the  collection  of  money  due  for  the  erection  of  buildings  or  other  struc¬ 
tures. 

Liens  are  treated  quite  fully  in  another  portion  of  this  work,  and  me¬ 
chanics  can  there  learn  what  measures  should  be  taken  to  secure  the  pay¬ 
ment  of  money  due  for  materials  and  labor  furnished  in  all  building 
operations. 


MERCHANTS. 

No  class  of  the  community  probably  has  more  need  of  a  knowledge  of 
the  ordinary  points  of  law  than  merchants.  They  have  frequent  occa¬ 
sion  to  enforce  the  collection  of  debts,  and  a  knowledge  of  the  proper  legal 
methods  is  of  very  great  importance.  They  are  often  called  upon  to  act 
as  arbitrators,  and  in  its  appropriate  place  they  will  find  this  subject  care¬ 
fully  treated.  They  will  also  be  interested  in  that  portion  of  the  work 
bearing  on  Interest,  Insurance,  Promissory  Notes,  Bills  of  Sale  and  Bill* 
of  Exchange,  Drafts,  Partnership,  Recovery  of  Debts,  etc. 


MINING  LAWS. 

The  mining  laws,  distinctively  so  called,  are  those  of  the  United  States 
relative  to  its  mineral  lands,  and  those  of  the  Pacific  States,  the  Territo¬ 
ries  and  Colorado,  regulating  mining  specifically. 

By  the  mining  laws  of  the  United  States,  lands  valuable  for  minerals 
are  reserved  from  sale  except  as  directed  by  those  laws. 

Mineral  deposits  in  lands  belonging  to  the  United  States,  are  free  and 
open  to  exploration  and  purchase  to  all  citizens  and  those  intending  to 
become  such. 

A  mining  claim  may  equal  one  thousand  five  hundred  feet  in  length 
along  the  vein  or  lode,  and  three  hundred  feet  on  each  side  of  the  mid¬ 
dle  of  the  vein  at  the  surface.  The  end  lines  of  each  claim  shall  be  par¬ 
allel  to  each  other. 

The  locators  shall  have  the  exclusive  right  between  vertical  planes 
drawn  downward  through  the  end  lines  of  their  location. 

A  tunnel  run  for  the  development  of  a  vein  or  lode  shall  carry  the 
right  of  possession  of  every  vein  or  lode  within  three  thousand  feet  of  the 
beginning  of  the  tunnel. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


217 


The  miners  of  each  district  may  make  regulations  not  in  conflict  with 
the  laws  of  the  United  States  or  of  the  State  or  Territory  governing  the 
location,  manner  of  recording,  and  amount  of  work  necessary  to  hold 
possession ;  but  the  location  must  be  distinctly  marked  on  the  ground  so 
that  its  boundaries  can  be  traced. 

All  records  shall  contain  the  name  of  the  locator,  the  date  of  the  loca* 
tion,  and  such  a  description  of  the  claim  located,  by  reference  to  some 
natural  object  or  permanent  monument,  as  will  identify  the  claim.  No 
less  than  one  hundred  dollars’  worth  of  work  shall  be  done  or  improve¬ 
ments  made  each  year. 

If  a  co-owner  fail  to  contribute  his  share  to  such  labor  or  improvements 
on  personal  notice  after  ninety  days,  or  notice  in  a  newspaper  published 
nearest  the  claim  for  ninety  days,  his  share  shall  become  the  property  of 
his  co-owners. 

Land  may  be  located  by  filing  a  description  of  the  claim,  showing  a 
compliance  with  the  law,  and  posting  a  copy  of  the  plat  in  a  conspicuous 
place  on  the  land,  and  filing  an  affidavit  of  two  persons  that  such  notice 
has  been  posted.  The  claimant  must  file  with  the  register  a  certificate  of 
the  United  States  Surveyor-General  within  sixty  days  of  publication  of 
the  notice  of  claim,  that  $500  worth  of  labor  has  been  expended  on  the 
claim.  If  no  adverse  claim  is  filed  the  applicant  shall  be  entitled  to  a 
patent  on  payment  of  five  dollars  per  acre. 

If  an  adverse  claim  is  filed,  the  adverse  claimant  must  begin  proceed¬ 
ings  in  the  proper  court  within  thirty  days,  to  determine  the  right  of  pos¬ 
session,  and  the  judgment  roll  shall  be  filed  in  addition  to  the  other  pa¬ 
pers  by  the  successful  party. 

Placers  are  subject  to  entry  and  patent  in  the  same  way,  but  wdiere  the 
lands  have  been  surveyed  by  the  United  States  the  exterior  limits  of  the 
entry  shall  conform  to  the  legal  subdivisions  of  the  public  lands,  and 
such  subdivisions  of  forty  acres  may  be  subdivided  into  ten-acre  tracts. 
No  person  shall  locate  more  than  twenty  acres,  but  an  association  may 
combine  to  take  not  more  than  one  hundred  and  sixty  acres,  though  pla¬ 
cer  claims  may,  if  necessary,  be  made  irregularly  by  making  a  plat  as 
though  the  lands  were  unsurveyed.  No  extra  plat  is  necessary  where  con¬ 
formation  to  the  survey  is  made. 

In  the  case  of  placer  claims  that  include  a  vein  or  lode  claim,  that  is 
unknown,  the  latter  is  included,  but,  if  known,  a  description  of  it  must  be 
inserted  according  to  the  former  provisions,  the  placer  part  of  the  claim 
paying  two  dollars  and  fifty  cents  per  acre. 

All  the  expenses  of  the  subdivisions  of  the  subdividing  one-hundred 


248 


HOW  TO  BE  YOUR  OWN  LAWYER. 


and-sixty  acre  plats  and  the  whole  expense  of  other  surveys  shall  be  paid 
by  applicants. 

Where  two  veins  cross,  priority  of  claim  shall  determine  the  owner- 
ship  of  both  veins  at  the  point  of  intersection,  the  other  claim  having  the 
right  of  way  through  the  space  for  working  its  mine. 

If  the  two  veins  unite,  the  oldest  claim  takes  the  vein  from  the  point 
of  union. 

A  claim  of  non-mineral  land  not  contiguous  to  the  vein  may  be  entered 
with  a  lode  claim,  to  be  used  for  the  purposes  of  the  mine,  but  must  not 
exceed  five  acres. 

Whenever,  by  priority  of  possession,  rights  to  the  use  of  water  for 
mining,  agricultural,  or  manufacturing  purposes,  or  otherwise  have 
vested  by  the  local  customs,  they  shall  be  protected. 

These  provisions  do  not  apply  to  Michigan,  Wisconsin,  and  Minnesota, 
whose  mineral  lands  are  open  to  purchase  in  the  same  manner  as  ordi¬ 
nary  public  lands. 

Special  regulations  are  made  by  each  district  and  mining  camp,  which 
generally  become  those  of  the  county.  The  registration  of  claims  is 
generally  provided  for  in  the  county,  if  there  is  an  organized  county,  but 
if  there  is  no  organized  county,  then  it  may  be  made  in  any  mining  dis¬ 
trict  registry  provided  for  that  purpose. 

The  general  United  States  mining  laws  are  adopted  by  the  States  and 
Territories  generally,  but  some  of  them  have  more  or  less  extended 
additional  laws  governing  the  operations  of  miners,  an  abstract  of  the 
most  important  of  which  is  given  below  : 

Arizona. — The  county  recorders  must  provide  record  books  for 
mining  claims  which  they  must  record  for  a  fee  of  one  dollar  for  the 
first  folio  (100  words),  and  twenty  cents  for  every  subsequent  one. 

The  claim  of  the  Territory  to  all  mining  claims  heretofore  located  is 
abandoned. 

California. — The  use  of  mining  water  flowing  in  a  stream  may  be 
acquired  by  appropriation  to  some  useful  purpose. 

The  person  entitled  may  change  the  place  of  diversion  or  extend  the 
ditch,  flume,  pipe,  or  aqueduct  by  which  the  water  is  conveyed,  if  others 
are  not  injured  by  the  change.  Water  may  be  turned  from  one  stream 
to  another,  and  then  appropriated,  if  the  supply  of  no  other  appropriator 
is  diminished.  The  first  in  time  is  the  first  in  right  as  between  appro- 
priators. 

A  person  desiring  to  appropriate  must  post  a  notice  at  the  point  of 
intended  diversion,  stating : 

1.  That  he  claims  the  water  flowing  there  to  the  extent  of  the  pro 
posed  number  of  inches  at  a  four-inch  pressure. 

2.  The  uses  and  places  thereof. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


24.9 


3.  The  means  of  diversion  and  its  size. 

A  copy  of  the  notice  must  be  recorded  in  the  county  recorder's  office 
within  ten  days  after  it  is  posted. 

The  works  must  be  begun  within  sixty  days  of  the  notice  and  be 
prosecuted  uninterruptedly. 

(This  law  is  general  in  the  mining  States  and  Territories.) 

The  school  lands  of  California,  being  the  sixteenth  and  thirty -second 
sections,  may,  if  mineral,  be  j)urchased,  by  filing  an  affidavit  of  such 
desire,  giving  description  of  the  land,  stating  that  the  applicant  only 
occupies  forty  acres,  and  that  there  is  no  other  occupant,  or  if  there  is, 
that  the  plot  of  the  towmship  has  been  filed  over  six  months,  and  such 
adverse  occupant  has  been  in  occupation  over  six  months. 

Preferred  purchasers  are  those  in  occupation,  if  they  make  application 
within  six  months  after  the  township  plat  is  filed. 

Contests  arising  are  referred  by  the  surveyor-general  to  the  supreme 
court  of  the  county. 

Two  dollars  and  fifty  cents  is  the  price  per  acre  of  all  lands  sold  under 
this  act. 

Colorado. — Counties  may  make  the  width  of  mining  claims  any 
width  not  exceeding  the  width  provided  by  the  United  States  law,  but 
if  they  do  not  it  shall  be  half  that  width,  or  in  Gilpin  Clear  Creek, 
Boulder,  and  Summit  Counties  one-fourth  of  that  width,  or  a  less  width 
may  be  specified  by  any  county. 

The  location  certificate  shall  be  recorded  in  the  office  of  the  recorder  of 
the  county  wuthin  three  months  from  discovery,  and  shall  contain  the 
name  of  the  lode  and  of  the  locator,  the  date  of  location,  the  number  of 
feet  in  length  claimed,  and  the  general  course  of  the  lode. 

The  discoverer  must  locate  his  claim  by  first  sinking  a  discovery-shaft 
upon  the  lode,  at  least  ten  feet  deep,  or  deeper  if  necessary,  to  show  a 
well-defined  crevice ;  second,  by  posting  at  the  point  of  discovery,  on 
the  surface,  a  sign  containing  the  name  of  the  lode  and  of  the  locator, 
and  the  date  of  discovery ;  and,  third,  by  marking  the  surface  bound¬ 
aries  by  six  hewed  posts  sunk  in  the  ground,  at  each  corner  and  in  the 
middle  of  the  sides.  A  discovery-shaft  may  be  any  cut  or  tunnel  that 
reaches  ten  feet  below  the  surface.  The  discoverer  has  sixty  days  to 
sink  his  disco very-shaft. 

The  lode  which  dips  beyond  the  side  lines  of  the  claim  is  included  in 
the  claim,  but  not  beyond  the  ends  vertically  extended. 

Right  of  way  for  ditch,  tramway,  or  pack  trail  for  mining  purposes, 
may  always  be  obtained  over  any  other  claim,  if  not  with  consent,  by 
condemnation. 

The  owner  of  a  claim  may  re-locate  his  claim  if  he  thinks  his  location 
is  defective,  if  no  other  rights  have  intervened. 

Re-location  shall  be  by  sinking  a  new  discovery -shaft,  or  by  sinking 
the  old  one  ten  feet  deeper. 

No  location  certificate  shall  claim  more  than  one  location. 

Placer  claims  must  be  recorded,  with  first  the  name  of  the  claim,  as  a 
placer  claim,  and  of  the  locator,  the  date  of  the  location,  the  number 
of  acres  or  feet  claimed,  and  a  description  of  the  claim  by  natural  and 
permanent  monuments. 

11* 


250 


HOW  TO  BE  YOUR  OWN  LAWYER. 


The  notice  shall  be  posted,  and  the  corners  marked  as  in  the  case  of  a 
lode  claim. 

Improvements  must  be  made  to  the  amount  of  one  hundred  dollars  on 
one  hundred  and  sixty  acres  or  more,  in  the  proportion  of  one  hundred 
dollars  to  one  hundred  and  sixty,  according  to  the  amount  of  the  claim. 

Penal  statutes  are  provided  for  false  gold-dust  weights  ;  for  the  fraud 
in  mill  owners  in  making  short  returns  of  metal  extracted  ;  for  destroy¬ 
ing  landmarks  of  claims  ;  for  passing  counterfeit  gold-dust ;  for  buying 
stolen  ore  ;  for  using  false  mill-weights  ;  for  making  false  mill  returns  of 
the  assay,  etc.,  and  for  the  larceny  of  ores. 

When  two  or  more  mines  have  a  common  drainage,  if  the  owners  can 
not  agree  to  drain  in  common,  or  to  form  a  drainage  company,  one  may 
drain  after  reasonable  notice  to  the  other  to  pay  his  share  of  the  expense. 

Every  person  or  company  milling  or  handling  ore  shall  keep  a  record  : 

1.  Of  the  name  of  the  person  on  whose  behalf  such  ore  is  delivered. 

2.  The  name  of  the  teamster  or  other  person  delivering. 

3.  The  weight  of  each  lot. 

4.  The  name  of  the  mine  from  which  it  is  mined  or  procured. 

5.  The  date  of  delivery  of  the  lots  of  ore. 

No  person  shall  be  allowed  to  wash  down  the  tailings  of  his  sluice 
upon  the  claim  of  another,  but  shall  take  care  of  it  in  his  own  property. 

Title  under  the  United  States  is  not  atfected  by  the  laws  of  Colorado. 

Dakota. — The  discoverer  of  a  lode  shall  register  his  claim  within 
tvventy  days  in  the  county  register's  office. 

The  certificate  shall  contain,  and  the  claim  shall  be  located  a s  in  Colo¬ 
rado,  except  that  there  shall  be  eight  posts  instead  of  six  to  mark  the 
boundary  lines,  the  end  lines  having  one  in  the  middle  of  each. 

Thirty  days  shall  be  allowed  to  make  the  discovery-shaft. 

The  other  provisions  of  the  law  of  locating  lode  claims  are  as  in  Colo¬ 
rado. 

Idaho. — Miners  shall  have  liens  on  the  claim  and  improvements  for 
labor  and  materials  furnished  ;  they  must  file  a  lien  within  sixty  days,  or 
in  case  of  a  sub-contractor,  or  one  under  a  contractor,  by  giving  notice 
to  the  owner  within  thirty  days  and  file  lien  within  forty  days. 

Montana. — Statement  as  required  by  the  United  States  laws  shall  be 
filed  in  the  county  recorder’s  office  within  twenty  days  of  discovery. 

Before  such  record  can  be  made,  a  vein  or  crevice  of  quartz,  with  at 
least  one  well-defined  wall,  shall  have  been  discovered. 

The  claim  may  be  limited  to  twenty -five  feet  on  each  side  of  the  mid¬ 
dle  of  the  lode,  but  may  extend  three  hundred  feet. 

Nevada. — The  recorder  of  the  county,  whose  seat  is  situated  in  a  min¬ 
ing  district,  shall  be  by  virtue  of  his  office  recorder  of  the  mining  district 
records. 

New  Mexico. — Locations  must  be  recorded  within  three  months  after 
posting  due  notice  of  claim. 

By  a  late  statute  it  is  provided  that  vacant  surveyed  coal  lands  may  be 
taken  up  to  the  amount  of  not  more  than  one  hundred  and  sixty  acres  to 
a  person,  or  three  hundred  and  twenty  acres  for  any  association,  on  pay¬ 
ing  $10  an  acre  if  more  than  fifteen  miles  from  any  railroad,  or  $20  if 
within  that  distance. 


IIOW  TO  EE  YOUR  OWN  LAWYER. 


251 


Any  association  of  not  less  than  four  persons  who  shall  be  in  posses¬ 
sion  of  coal  mines  on  the  public  domain,  and  who  shall  have  spent  $5,00C 
in  working  and  improving  them,  shall  have  a  preference  right  to  enter 
not  exceeding  six  hundred  and  forty  acres. 

Forms  to  carry  out  the  mining  laws  in  the  different  States  and  Territo¬ 
ries  may  be  selected  from  the  following  : 


Notice  of  Location. 


Notice  is  hereby  given  that  the  undersigned,  having  complied  with 
the  requirements  of  the  mining  act  of  Congress,  approved  May  10,  1872, 
and  the  local  customs,  laws,  and  regulations,  has  located  fifteen  hundred 
linear  feet  on  the  lode  (twenty  acres  of  placer  mining  ground)  situated 
in  mining  district  county  and  described  as  follows  :  [Here 
insert  an  accurate  description  by  courses  and  distances ;  by  legal  sub¬ 
divisions  if  a  placer  claim  is  located  on  surveyed  land.] 

[Name  of  locator.] 

Located  18  . 

Recorded  18  . 

Affidavit  to  be  attached  to  above  notice  in  order  to  record  it : 


Territory  op 
County  op 


-  S3. 


C.  D.  and  E.  F.,  each  for  himself,  and  not  one  for  the  other,  being 
first  duly  sworn,  deposes  and  says  that  he  is  of  lawful  age  and  a  citizen 
of  the  United  States ;  that  he  has  read  the  notice  of  location  of  fifteen 
hundred  feet  on  the  lode,  by  A.  B.,  that  the  description  of  said  lode, 
viz. :  [here  insert  a  description]  as  therein  given  is  true  and  correct ;  that 
the  said  A.  B.  has  in  every  respect  fully  complied  with  the  requirements 
of  the  mining  act  of  Congress,  approved  May  10,  1872,  and  the  local 
customs  and  laws  regulating  mining  locations. 

C.  D. 

E.  F. 

Subscribed  and  sworn  to  before  me,  this  day  of  a.d.  18  ,  and 
I  hereby  certify  that  I  consider  the  said  and  credible  and  reliable 
persons. 

[Signature  and  title  of  officer.] 

[Seal.] 


Request  for  Survey. 


18  . 


Esq.,  U.  S.  Surveyor-General. 

Sir  :  In  accordance  with  the  provisions  of  the  mining  act  of  May  10, 
1872,  I  have  the  honor  to  apply  for  an  official  survey  of  the  mining 
elaim  known  as  the  mine,  situated  in  mining  district  county, 
in  township  of  range  meridian  of  and  request  an  estimate 
of  the  amount  to  be  deposited  for  the  work  to  be  done  in  your  office. 

Thereafter  I  have  to  request  that  you  will  issue  the  necessary  instruc- 


252 


IIOW  TO  BE  YOUK  OWN  LAWYER. 


tions  to  Esq.,  U.  S.  Deputy-Surveyor,  with  whom  I  have  made  satis 
factory  arrangements  for  field  work  in  surveying  the  premises. 

Very  respectfully. 

Claimant. 

P.  O.  address,  ,  County 


OP 

County  of 


Application  for  Patent. 

|  ss. 


Application  for  patent  for  the  mining  claim. 

To  the  Register  and  Receiver  of  the  U.  S.  Land-Office  at  :  A.  B., 
being  duly  sworn,  according  to  law,  deposes  and  says,  that  in  virtue 
of  a  compliance  with  the  mining  rules,  regulations,  and  customs,  by 
himself,  the  said  A.  B.,  applicant  for  patent  herein,  has  become  the 
owner  of,  and  is  in  the  actual,  quiet,  and  undisturbed  possession  of, 
and  entitled  to  the  possession  of  linear  feet  of  the  vein,  lode,  or 
deposit,  bearing  together  with  surface-ground  feet  in  width,  for 
the  convenient  working  thereof,  as  allowed  by  local  rules  and  customs 
of  miners  ;  said  mineral  claim,  vein,  lode,  or  deposit  and  surface-ground 
being  situate  in  the  mining  district,  county  of  and  of  and 
being  more  particularly  set  forth  and  described  in  the  official  field  notes 
of  survey  thereof,  hereto  attached,  dated  this  day  18  ,  and 

in  the  official  plat  of  said  survey,  now  posted  conspicuously  upon  said 
mining  claim  or  premises,  a  copy  of  which  is  filed  herewith.  Deponent 
further  states  that  the  facts  relative  to  the  right  of  possession  of  himself 
to  said  mining  claim,  vein,  lode,  or  deposit  and  surface-ground,  so  sur¬ 
veyed  and  platted,  are  substantially  as  follows,  to  wit :  [here  insert  a 
description  of  the  claim],  which  will  more  fully  appear  by  reference  to 
the  copy  of  the  original  record  of  location,  and  the  abstract  of  title  here¬ 
to  attached  and  made  a  part  of  this  affidavit ;  the  value  of  the  labor  done 
and  improvements  made  upon  said  claim  by  himself  and  his  grantors, 
being  equal  to  the  sum  of  five  hundred  dollars  in  gold  coin  of  the  United 
States. 

In  consideration  of  which  facts,  and  in  conformity  with  the  provisions 
of  the  act  of  Congress  approved  May  10,  1872,  entitled  “An  act  to  pro¬ 
mote  the  development  of  the  mining  resources  of  the  United  States/'  ap¬ 
plication  is  hereby  made  for  and  in  behalf  of  said  A.  B.  and  for  a 
patent  from  the  Government  of  the  United  States,  for  the  said  min¬ 
ing  claim,  vein,  lode,  deposit,  and  the  surface-ground,  so  officially  sur¬ 
veyed  and  platted. 

[Signature.] 


Subscribed  and  sworn  to  before  me,  this  day  of  18  ;  and  I 
hereby  certify  that  I  consider  the  above  deponent  a  credible  and  reliable 
person,  and  that  the  foregoing  affidavit  to  which  was  attached  the  field 
notes  of  survey  of  the  mining  claim,  was  read  and  examined  by  him 
before  his  signature  was  affixed  thereto  and  the  oath  made  by  him. 

[Seal.]  [Signature  and  title  of  officer.] 


HOW  TO  BE  YOUR  OWN  LAWYER. 


253 


Proof  of  Posting  Notice  and  Diagram  of  the  Claim. 


OF 

County  of 


A.  B.  and  C.  D.,  each  for  himself  and  not  one  for  the  other,  being 
first  duly  sworn,  according  to  law,  deposes  and  says,  that  he  is  a  citizen 
of  the  United  States,  over  the  age  of  twenty-one  years,  and  was  present 
on  the  day  of  18  ,  when  a  plat  representing  the  and  certified 
to  as  correct  by  the  U.  S.  Surveyor-General  of  together  with  a  notice 
of  the  intention  Qf  and  to  apply  for  a  patent  for  the  mining  claim 
and  premises  so  platted,  was  posted  in  a  conspicuous  place  upon  said 
mining  claim  ;  to  wit,  upon  where  the  same  could  be  easily  seen  and 
examined  ;  the  notice  so  conspicuously  posted  upon  said  claim  being  in 
words  and  figures  as  follows,  to  wit : 

“Legal  notice  of  the  application  of  A.  B.  and  C.  D.  for  a  United 
States  Patent. 

“  Notice  is  hereby  given,  that  in  pursuance  of  the  act  of  Congress,  ap¬ 
proved  May  10,  1872,  ‘  To  promote  the  development  of  the  mining  re¬ 
sources  of  the  United  States/  A.  B.  and  C.  D.  claiming  linear  feet  of 
the  vein,  lode,  or  mineral  deposit,  bearing  with  surface-ground 
feet  in  width,  lying  and  being  situate  within  the  mining  district, 
county  of  and  of  have  made  application  to  the  United  States 
for  a  patent  for  the  said  mining  claim,  which  is  more  fully  described  as 
to  metes  and  bounds,  by  the  official  plat,  herewith  posted,  and  by  the 
field  notes  of  survey  thereof,  now  filed  in  the  office  of  the  register  of  the 
district  of  lands  subject  to  sale  at  which  field  notes  of  survey  describe 
the  boundaries  and  extent  of  said  claim  on  the  surface,  with  magnetic 
variation  at  east,  as  follows,  to  wit : 

“Beginning,  [here  insert  a  full  description  by  courses  and  distances], 
the  said  mining  claim  being  of  record  in  the  office  of  the  recorder  of 
at  in  the  county  and  State  aforesaid,  the  presumed  general  course  or 
direction  of  the  said  vein,  lode,  or  mineral  deposit  being  shown  upon 
the  plat  posted  herewith,  as  near  as  can  be  determined  from  present  de¬ 
velopments,  this  claim  being  for  linear  feet  thereof,  together  with  the 
surface-ground  shown  upon  the  official  plat  posted  herewith  ;  the  said 
vein,  lode,  and  mining  premises  hereby  sought  to  be  patented,  being 
bounded  on  the  by  the  mining  claim,  the  said  claim  being 
designated  as  Lot  No.  in  the  official  plat  posted  herewith. 

“Any  and  all  persons  claiming  adversely  the  mining  ground,  vein, 
lode,  premises,  or  any  portion  thereof  so  described,  surveyed,  platted, 
and  applied  for,  are  hereby  notified  that  unless  their  adverse  claims  are 
duly  filed  according  to  law,  and  the  regulations  thereunder,  within  sixty 
days  from  the  date  hereof,  with  the  register  of  the  U.  S.  Land  Office, 
at  in  the  of  they  will  be  barred,  in  virtue  of  the  provisions  ot 
said  statu te.” 

[Signature  of  applicant.] 

Dated  on  the  ground,  this  day  of  a.d.  18  . 

[Signatures  of  witnesses.] 


254 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Subscribed  and  sworn  to  before  me  this  day  of  a.d.  18  , 
and  I  hereby  certify  that  I  consider  the  above  deponents  credible  and  re¬ 
liable  witnesses,  and  that  the  foregoing  affidavit  and  notice  were  read  by 
each  of  them  before  their  signatures  were  affixed  thereto,  and  the  oath 
made  by  them. 

[Signature  and  title  of  officer.] 


Proof  that  Plat 

State  of 
County  of 


and  Notice  Remained  Posted  on  Claim  During 
Publication. 


j-  SS. 


A.  B.,  being  first  duly  sworn  according  to  law,  deposes  and  says  that 
he  is  claimant  (and  co-owner  with  )  in  the  mining  claim,  min¬ 
ing  district,  county,  the  official  plat  of  which  premises,  together 
with  a  notice  of  intention  to  apply  for  a  patent  therefor,  was  posted 
thereon  on  the  day  of  a.d.,  18  ,  as  fully  set  forth  and  described 
in  the  affidavit  of  and  dated  the  day  of  a.d.  18  ,  wThich 
affidavit  was  duly  filed  in  the  office  of  the  register  at  in  this  case  ;  and 
that  the  plat  and  notice  so  mentioned  and  described  remained  continu¬ 
ously  and  conspicuously  posted  upon  said  mining  claim  from  the  day 
of  a.d.  18  ,  until  and  including  the  day  of  a.d.  18  ,  includ¬ 
ing  the  sixty  days  period  during  which  notice  of  said  application  for 
patent  was  published  in  the  newspaper. 

A  B. 

Subscribed  and  sworn  to  before  me  this  day  of  a.d.  18  ;  and 
I  hereby  certify  that  the  foregoing  affidavit  was  read  to  the  said  pre¬ 
vious  to  his  name  being  subscribed  thereto  ;  and  that  deponent  is  a  re¬ 
spectable  person,  to  whose  affidavit  full  faith  and  credit  should  be  given. 

[Signature  of  officer.] 

[Seal.]  .Notary  Public. 


Affidavit  of  Five  Hundred  Dollars  Improvements. 

State  of  [ 

County  of  )  * 

A.  B.  and  C.  D.,  of  lawful  age,  being  first  duly  sworn  according  to 
law,  depose  and  say  that  they  are  acquainted  with  the  mining  claim 
in  mining  district,  county  and  aforesaid,  for  which  has  made 
application  for  patent  under  the  provisions  of  the  act  of  Congress,  ap¬ 
proved  May  10,  1872,  and  that  the  labor  done  and  improvements  made 
thereon  by  the  applicant  and  his  grantors  exceed  five  hundred  dollars  in 
value. 

A.  B. 

0.  D. 

Subscribed  and  sworn  to  before  me  this  day  of  a.d.  18  . 

[Signature.] 


HOW  TO  BE  YOUR  OWN  LAWYER. 


255 


Statement  and  Charge  of  Fees. 


State  of 
County  of 


-  ss. 


A.  B.,  being  first  duly  sworn  according  to  law,  deposes  and  says  that 
he  is  the  applicant  for  patent  for  the  lode  in  mining  district, 

county  of  of  under  the  provisions  of  the  act  of  Congress  approved 
May  10,  1872,  and  that  in  the  prosecution  of  said  application  he  has  paid 
oat  the  following  amounts,  viz. :  To  the  credit  of  the  Surveyor-Generars 
office,  dollars  ;  for  surveying,  dollars  ;  for  filing  in  the  local  land 

office,  dollars  ;  for  publication  of  notice,  dollars  ;  and  for  the  land 

embraced  in  his  claim,  dollars. 

A.  B. 

Subscribed  and  sworn  to  before  me  this  day  of  a.d.  18 

[Signature  of  officer.] 

[Seal.]  Notary  Public. 


Affidavit  of  Citizenship. 


State  of 
County  of 


-  ss. 


A.  B.,  being  first  duly  sworn  according  to  law,  deposes  and  says,  that 
he  is  the  applicant  for  patent  for  mining  claim,  situate  in  mining 
district,  county  of  that  he  is  a  native  citizen  of  the  United  States, 
born  in  the  county  of  State  of  in  the  year  18  and  is  now  a 
resident  at 

[Signature.] 


Subscribed  and  sworn  to  before  me  this 
[Seal.] 


day  of  a.d.  18  . 
[Signature.] 


Non-Mineral  Affidavit. 

County  of  >  „„ 

„  >  88 . 

OF  J 

A.  B.,  being  duly  sworn  according  to  law,  deposes  and  says  that  he  is 
the  identical  A.  B.  who  is  an  applicant  for  Government  title  to  the 
that  he  is  well  acquainted  with  the  character  of  said  described  land,  and 
with  each  and  every  legal  subdivision  thereof,  having  frequently  passed 
over  the  same  ;  that  his  knowledge  of  said  land  is  such  as  to  enable  him 
to  testify  understandingly  with  regard  thereto  ;  that  there  is  not,  to 
his  knowledge,  within  the  limits  thereof,  any  vein  or  lode  of  quartz  or 
other  rock  in  place,  bearing  gold,  silver,  cinnabar,  lead,  tin,  or  copper, 
or  any  deposit  of  coal ;  that  there  is  not  within  the  limits  of  said  land,  to 
his  knowledge,  any  placer,  cement,  gravel,  or  other  valuable  mineral 
deposit ;  that  no  portion  of  said  land  is  claimed  for  mining  purposes  under 
the  local  customs  or  rales  of  miners,  or  otherwise  ;  that  no  portion  of 
said  land  is  worked  for  mineral  daring  any  part  of  the  year  by  any  per¬ 
son  or  persons ;  that  said  land  is  essentially  non-mineral  land,  and  that 
bis  application  therefor  is  not  made  for  the  purpose  of  fraudulently 


256 


ITOW  TO  BE  YOUR  OWN  LAWYER. 


obtaining  title  to  mineral  land,  but  with  the  object  of  securing  said  land 
for  agricultural  purposes.  A.  B. 

Subscribed  and  sworn  to  before  me  this  day  of  A.  d.  18  and  I 
hereby  certify  that  the  foregoing  affidavit  was  read  to  the  said  previ¬ 
ous  to  his  name  being  subscribed  thereto ;  and  that  deponent  is  a  re¬ 
spectable  person  to  whose  affidavit  full  faith  and  credit  should  be  given. 

[Signature  and  title  of  officer.] 

Notice  of  Location. 

Notice  is  hereby  given  that  I,  the  undersigned,  claim  fifteen  hundred 
feet,  linear  measure,  on  this  lode  or  vein  of  gold  and  silver  bearing 
quartz,  commencing  at  this  notice  and  monument,  and  running  northerly 
therefrom  along  the  line  of  the  lode  a  distance  of  eight  hundred  feet  to  a 
monument  of  stone,  and  southerly  along  the  line  of  said  lode  a  distance 
of  seven  hundred  feet  to  a  monument  of  stone,  with  the  dips,  spurs,  and 
angles  of  said  lode,  together  with  the  surface-ground  on  each  side  of  said 
lode,  bounded  and  described  as  follows,  to  wit :  Commencing  at  the 
monument  last  named  and  running  easterly  therefrom,  at  a  right  angle 
with  the  general  direction  of  said  lode,  three  hundred  feet  to  a  monument 
of  stone ;  thence  at  a  right  angle  northerly  fifteen  hundred  feet  to  a 
monument  of  stone  ;  thence  at  a  right  angle  westerly  six  hundred  feet  to 
a  monument  of  stone  ;  thence  at  a  right  angle  southerly  fifteen  hundred 
feet  to  a  monument  of  stone,  and  thence  at  a  right  angle  easterly  three 
hundred  feet  to  the  place  of  beginning.  Said  lode  and  claim  shall  be 
called  the  “  Claim  and  Lode/’  and  is  located  under  and  by  virtue  of 
the  mining  laws  of  Congress  of  the  United  States  and  the  laws  of  Dresden 
Mining  District  county,  State  of  .  A.  B. 

[Date.] 

Instead  of  the  words  “a  monument  of  stone,”  the  words  “ a  stake” 
can  be  used  ;  or  any  manner  of  description  can  be  adopted  which  will 
describe  the  boundaries  of  the  claim  thoroughly  and  definitely. 

Notice  of  Location  of  a  Mining  Claim. 

We,  the  undersigned,  hereby  give  notice  that  we  claim  feet  linear 
measure  on  this  lode  or  vein  of  gold  and  silver  bearing  quartz,  com¬ 
mencing  at  this  notice  and  monument,  and  running  in  a  southeasterly 
direction  therefrom,  along  the  line  of  said  lode  feet,  with  the  dips, 
spurs,  and  angles  of  said  lode,  and  feet  on  each  side  thereof,  the  cor¬ 
ners  of  our  surface-claim  being  marked  with  monuments  of  stone  ;  under 
and  by  virtue  of  the  mining  laws  of  mining  district,  county  of 
and  State  of  each  of  the  undersigned  being  entitled  to  and  claim¬ 
ing  an  undivided  interest  of  feet  of  said  lode. 

The  lode  shall  be  known  as  the  lode,  and  the  claim  shall  be  called 
the  mining  claim. 

A.  B. 

C.  D. 

E.  F. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


257 


Claim  of  Water  Right. 


Notice  is  hereby  given  to  all  whom  it  may  concern  :  That  we,  tha 
undersigned,  claim  inches,  miners’  measurement,  of  the  waters  of 
this  creek  for  milling,  manufacturing,  agricultural,  and  culinary  pur¬ 
poses,  and  for  such  other  purposes  as  we  may  desire  to  use  the  same  ; 
together  with  so  much  of  the  ground,  rock,  and  earth  about  this  point 
on  said  stream  as  may  be  necessary  for  the  construction  and  maintenance 
of  a  dam  across  said  stream.  The  point  at  which  we  take  the  waters  of 
said  stream  for  the  purposes  aforesaid  is  described  as  follows,  to  wit : 
Commencing  at  the  large  point  of  rocks  about  feet  from  this  notice 
on  the  right  bank  of  said  stream,  and  running  thence  across  the  stream 
along  the  line  of  rocks  thrown  into  the  stream  as  a  temporary  and  par¬ 
tial  dam,  to  the  opposite  bank  of  said  stream,  near  to  the  large  pine  tree 
on  its  left  bank.  This  claim  shall  be  known  as  the  “  St.  James  Water 
Right.” 

County  of  State  of 

Located  and  claimed  this  day  of  a.d.  18  .  A.  B. 

C.  I). 

E.  F. 


„  Proof  of  Labor. 

State  op  { 

County  op  j  8S' 


Before  me,  the  subscriber,  personally  appeared  A.  B.,  who,  being  duly 
sworn,  saith  that  at  least  dollars’  worth  of  work  or  improvements 
were  performed  or  made  upon  [insert  description  of  claim,  or  part  of 
claim],  situate  in  mining  district,  county  of  State  of 

Such  expenditure  was  made  by  or  at  the  expense  of  owners  of  said 

claim,  for  the  purpose  of  said  claim. 

A.  B. 

Subscribed  and  sworn  to  before  me  this  day  of  18  . 

[Signature  and  title  of  officer.] 


Form  of  Claim  of  Water  for  Mill  Purposes. 

I  hereby  claim  the  waters  of  this  stream  for  my  use  and  benefit  in  a 
mill  which  I  intend  to  erect  near  said  stream,  and  for  other  purposes  ; 
and  I  hereby  appropriate  the  said  waters  to  my  use  by  the  dam  erected 
across  said  stream  at  this  place,  and  by  the  race  leading  therefrom  and 
conducting  the  waters  from  this  point. 

Located  and  claimed  on  this  day  of  18  . 

County  of  State  of  .  A.  B. 


MINOR. 

A  minor,  usually  called  an  infant,  is  any  person  who  has  not  yet 
attained  the  age  of  twenty-one  years. 


258 


IIOW  TO  BE  TOUR  OWN  LAWYER. 


A  minor  can  not  enter  into  a  binding  contract,  except  tor  necessaries. 

The  contracts  of  a  minor  are  not  void,  but  voidable. 

A  void  contract  is  one  binding  on  neither  party,  while  a  voidable  con¬ 
tract  is  binding  on  the  adult,  but  not  on  the  minor,  who  may,  during 
his  minority,  or  within  a  reasonable  time  after  he  becomes  of  age,  avoid 
the  contract,  if  he  so  desires.  A  minor  may  make  a  binding  contract  fol 
necessaries  for  both  himself  and  for  his  wife  and  children. 

The  word  “  necessaries  ”  includes  food,  clothing,  shelter,  medical 
attendance,  and  other  provisions  for  health  and  education. 

The  ‘  ‘  necessaries  ”  for  a  minor  depend  largely  upon  his  social  position. 
In  some  cases  watches  and  jewelry  are  regarded  as  necessaries.  Although 
the  law  requires  the  minor  to  pay  the  value  of  the  necessaries  of  life,  it 
does  not  bind  him  necessarily  to  pay  the  price  set  by  the  tradesman.  The 
jury  are  to  determine  the  value  and  the  price  where  the  bill  is  disputed. 

If  a  minor  gives  his  note  for  necessaries,  although  he  is  held  on  the 
note  he  can  be  compelled  to  pay  only  the  value  of  the  necessaries.  If 
minor  enlists  in  the  army  or  navy  he  can  not  avoid  the  enlistment. 

He  is  liable  for  his  frauds  and  torts. 

If  a  minor  fraudulently  represents  that  he  is  above  the  age  of  twenty- 
one  years,  and  by  means  of  these  representations  obtains  credit  for  goods 
not  necessaries,  an  action  for  fraud  may  at  once  be  maintained. 

If  the  articles  are  sold  to  a  minor  without  fraudulent  representations, 
and  are  in  his  possession  when  he  rescinds  the  sale,  the  seller  may 
retake  them. 

If  a  minor  makes  a  voidable  contract  and  advances  money  on  it,  and 
afterward  avoids  it,  he  can  not  recover  back  the  money  so  advanced. 

A  minor  can  not  disaffirm  his  contracts  in  relation  to  real  prop¬ 
erty  until  he  becomes  of  age.  To  confirm  a  contract  touching  real 
estate  some  positive  act  is  required.  A  minor  or  his  personal  representa¬ 
tives  are  the  only  ones  who  can  taKe  advantage  of  his  minority. 

As  a  general  rule,  no  male  under  the  age  of  eighteen  years  nor  female 
under  the  age  of  sixteen  years  can  make  a  will  of  personal  property. 
Both  must  be  above  the  age  of  twenty-one  years  to  will  real  property. 

The  responsibility  of  a  minor  under  the  age  of  fourteen  years  rests  on 
evidence  of  knowledge  of  the  nature  of  the  act  committed. 


MORTGAGES. 

A  mortgage  is  a  conveyance  of  an  estate  or  property  by  way  of  pledge 
for  the  security  of  a  debt,  and  to  become  void  on  the  payment  of  it 


HOW  TO  BE  YOUR  OWN  LAWYER. 


259 


A  mortgage  of  real  property  is  one  form  of  a  lien  upon  it  to  secure  the 
performance  of  some  obligation,  generally  the  payment  of  money. 

All  kinds  of  personal  and  real  property  which  are  capable  of  absolute 
sale  may  be  the  subject  of  a  mortgage. 

Any  conveyance  of  land  intended  by  the  parties  at  the  time  of  making 
it  to  be  security  for  the  payment  of  money  or  the  doing  of  some  specified 
act,  is  a  mortgage. 

Mortgages  are  of  two  kinds,  legal  and  equitable. 

A  legal  mortgage  is  in  form  a  deed  of  land  with  a  condition  that  if  a 
certain  sum  of  money  be  paid,  or  services  be  rendered,  the  deed  shall  be 
void.  The  condition  is  called  the  defeasance. 

An  equitable  mortgage  is  a  lien  upon  real  estate  of  such  a  character 
that  it  is  recognized  in  equity  as  a  security  for  the  payment  of  money, 
and  is  treated  as  a  mortgage.  Such  a  mortgage  may  arise  by  a  deposit 
of  the  title  deeds,  and  by  an  agreement  to  execute  a  mortgage,  by  proof 
that  a  deed,  absolute  on  its  face,  was  intended  as  a  mortgage.  The  lien 
of  vendor  for  unpaid  purchase-money  is  also  an  equitable  mortgage. 

The  mortgage  should  have  all  the  requisites  of  a  deed ;  that  is,  it 
should  be  signed,  sealed,  and  delivered. 

It  should  be  witnessed,  acknowledged,  and  recorded.  The  mortgage 
is  security  for  the  payment  of  money.  The  debt  for  which  the  mortgage 
is  given  is  the  principal  thing ;  consequently,  if  the  debt  is  sold,  the  mort¬ 
gage  passes  with  it. 

The  party  giving  the  mortgage  is  called  the  mortgagor  ;  he  to  whom 
it  is  given  the  mortgagee. 

A  power  of  sale,  in  case  of  default  in  payment  of  interest  or  an  instal¬ 
ment,  is  usually  inserted,  which  enables  the  mortgagee  to  enforce  pay¬ 
ment. 

Mortgages  are  made  with  or  without  a  personal  promise  to  pay  the 
debt.  Where  no  personal  promise  in  writing  is  made,  the  mortgagor  is 
not  personally  liable  for  the  sum  secured  ;  the  mortgage  being  in  such 
case  only  a  lien  on  the  land. 

Mortgages  are  frequently  made  to  secure  a  contingent  liability  or  fu¬ 
ture  advances.  A  mortgage  given  for  such  purpose  should  state  that 

fact. 

A  covenant  is  usually  inserted  in  a  mortgage  to  pay  the  debt,  and  a 
bond  or  note  is  given  for  it,  which  fact  is  mentioned  in  the  mortgage,  and 
it  is  stated  in  the  mortgage  that  it  is  given  in  addition  to  the  personal  se 
curity.  It  is  common  to  provide,  in  case  buildings  are  on  the  premises, 
that  the  mortgagor  shall  keep  them  insured  and  assign  the  policy  to  tha 


260 


HOW  TO  BE  YOUE  OWN  LAWYER. 


mortgagee.  It  is  usual  also  to  insert  what  is  called  an  interest  clause, 
which  states  that  if  interest  remains  unpaid  for  a  certain  number  of  days 
after  it  falls  due,  the  mortgagee  may  elect  to  require  payment  of  the 
principal  at  once. 

For  the  better  security  of  the  mortgagee,  he  should  require  the  wife  of 
the  mortgagor  to  join  in  the  execution  of  the  mortgage.  It  is  not  neces¬ 
sary  that  the  wife  of  the  mortgagor  join  in  the  execution  of  a  mortgage 
for  the  purchase-money.  Mortgages  should  be  acknowledged  or  proved 
the  same  as  deeds  in  order  to  be  recorded.  [See  Acknowledgments.] 

The  mortgage  can  be  assigned.  The  assignee  then  stands  in  the  posi¬ 
tion  of  the  mortgagee.  The  assignee  of  the  mortgage  should  get  a  state¬ 
ment  from  the  mortgagor  as  to  the  validity  of  the  mortgage  and  the 
amount  due. 

The  assignee  should  give  notice  of  the  assignment  to  the  mortgagor, 
and  should  record  his  assignment.  If  the  mortgagor  should  make  two 
assignments,  the  first  recorded,  if  taken  without  knowledge  of  the  previous 
assignment,  would  have  the  preference.  The  assignee  may  himself  as¬ 
sign.  A  mortgage  may  be  discharged  by  a  release  of  the  debt ;  by 
payment  of  the  debt,  by  a  tender  of  the  mortgage  debt  on  the  day  that  it 
is  due.  even  though  the  money  is  not  accepted,  by  the  holder  of  the 
mortgage  acquiring  title  to  the  property,  by  the  expiration  of  twenty 
years  from  the  time  the  mortgage  is  due  or  from  the  time  of  last  pay¬ 
ment. 

The  mortgagor  on  payment  of  the  mortgage  should  obtain  a  satisfac¬ 
tion  piece  from  the  mortgagee  and  have  it  recorded. 

If  a  mortgagor  places  two  mortgages  on  the  same  property,  the  first  re¬ 
corded,  if  taken  without  knowledge  of  the  previous  mortgage,  would 
have  the  preference.  For  example  :  If  A  mortgages  his  property  to  B, 
and  subsequently  mortgages  the  same  property  to  C,  who,  without 
knowledge  of  the  previous  mortgage,  records  his  mortgage,  C’s  lien  on 
the  property  will  be  prior  to  that  of  B. 

The  mortgagor  usually  pays  for  drawing  the  mortgage  and  searching 
the  title.  The  mortgagee  should  have  the  mortgage  recorded  immedi¬ 
ately  after  the  execution  and  delivery  of  it. 


Chattel  Mortgage. 

A  chattel  mortgage  is  a  mortgage  of  personal  property.  It  is  a  transfer 
of  the  title  to  chattels,  and  is  given  as  security  for  a  debt  or  liability. 

It  is  given  upon  condition  that  the  transfer  shall  be  void  if  the  debt  i a 


HOW  TO  BE  YOUR  OWN  LAWYER. 


2G1 


paid  or  discharged.  If  the  mortgagor  makes  default  in  the  payment  of 
the  debt  at  the  time  agreed  upon,  the  mortgagee  becomes  the  absolute 
owner,  and  may  take  possession  of  the  property.  The  mortgagor  has  a 
right  to  redeem  the  property  unless  there  has  been  a  sale,  in  which  case 
the  right  is  lost. 

The  mortgage  states  the  liability  or  the  debt  to  be  secured.  The  prop, 
erty  mortgaged  should  be  so  described  as  to  enable  it  to  be  identified.  It 
is  usual  to  insert  a  description  of  the  property  in  the  schedule  annexed, 
and  referred  to  in  the  mortgage.  The  property  generally  remains  in  the 
possession  of  the  mortgagor  until  default  in  payment  of  the  debt. 

The  mortgagee,  for  his  own  protection,  should  file  his  mortgage  if  the 
mortgagor  retains  possession  of  the  property.  If  he  fails  to  file  his 
mortgage,  and  the  mortgagee  subsequently  sells  or  mortgages  the  same 
property  to  another,  who  is  ignorant  of  the  existence  of  the  previous 
mortgage,  he  loses  his  lien  on  the  property.  The  mortgage,  or  a  true 
copy  thereof,  must  be  filed  in  the  office  of  the  clerk  of  the  town  where 
the  mortgagor  resides.  If  the  mortgagor  is  out  of  the  State  it  should  be 
filed  with  the  clerk  of  the  town  where  the  property  is  located. 

In  New  York  every  mortgage  ceases  to  be  valid  as  against  creditors  or 
subsequent  purchasers,  or  mortgagees  in  good  faith,  after  the  expiration 
of  one  year  from  the  filing  thereof,  unless  within  thirty  days  next  pre¬ 
ceding  the  expiration  of  the  said  term  of  one  year,  a  true  copy  of 
such  mortgage,  together  with  a  statement  exhibiting  the  interest  of  the 
mortgagee  in  the  property  thereby  claimed  by  him  by  virtue  thereof,  is 
filed  in  the  office  of  the  clerk  of  the  town  where  the  mortgagor  shall  then 
reside. 

7.— Short  Form  of  Mortgage. 

This  indenture,  made  the  day  of  in  the  year  one  thousand  eight 
hundred  and  between  A.  B.,  of  in  the  county  of  and  State  of 
of  the  first  part,  and  C.  D.,  of  in  the  said  county,  of  the  second 
part,  witnesseth :  That  the  said  party  of  the  first  part,  for  and  in  con¬ 
sideration  of  the  sum  of  dollars,  grants,  bargains,  sells,  and  confirms 
unto  the  said  party  of  the  second  part,  and  to  his  heirs  and  assigns,  all 
(here  insert  description],  together  with  all  and  singular  the  hereditaments 
and  appurtenances  thereunto  belonging  or  in  any  wise  appertaining. 
This  conveyance  is  intended  as  a  mortgage,  to  secure  the  payment  of  the 
sum  of  dollars,  in  [here  state  terms  of  payment],  according  to  the 
condition  of  a  certain  bond,  dated  this  day,  and  executed  by  the  said  party 
of  the  first  part  to  the  said  party  of  the  second  part ;  and  these  presents 
shall  be  void  if  such  payment  be  made.  But  in  case  default  shall  be 
made  in  the  payment  of  the  principal  or  interest,  as  above  provided,  then 
the  party  of  the  second  part,  his  executors,  administrators,  and  assigns, 


262 


HOW  TO  BE  YOUR  OWN  LAWYER. 


are  hereby  empowered  to  sell  the  premises  above  described,  with  all  and 
every  of  the  appurtenances,  or  any  part  thereof,  in  the  manner  prescribed 
by  law ;  and  out  of  the  money  arising  from  such  sale,  to  retain  the  said 
principal  and  interest,  together  with  the  costs  and  charges  of  making 
such  sale  ;  and  the  overplus,  if  any  there  be,  shall  be  paid  by  the  party 
making  such  sale,  on  demand,  to  the  party  of  the  first  part,  his  heirs  or 
assigns. 

In  witness  whereof,  the  said  party  [or  parties]  of  the  first  part  has  [or 
have]  hereunto  set  his  hand  and  seal  [or  their  hands  and  seals],  the  day 
and  year  first  above  written. 

[Signature  and  seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signature  of  witness.] 

2.— Mortgage  to  Secure  Note. 

To  all  people  to  whom  these  presents  shall  come,  greeting : 

Know  ye,  that  I,  A.  B.,  of  for  the  consideration  of  dollars, 
received  to  my  full  satisfaction,  of  C.  D.,  do  give,  grant,  bargain,  sell, 
and  confirm  unto  the  said  C.  D.,  [here  insert  description  of  premises]  : 
To  have  and  to  hold  the  above-granted  and  bargained  premises,  with  the 
appurtenances  thereof,  unto  the  said  grantee,  his  heirs  and  assigns,  for¬ 
ever,  to  his  and  their  proper  use  and  behoof.  And  also  I,  the  said 
grantor,  do,  for  myself,  my  heirs,  executors,  and  administrators,  covenant 
with  the  said  grantee,  his  heirs  and  assigns,  that  at  and  until  the  ensealing 
of  these  presents,  I  am  well  seized  of  the  premises  as  a  good  indefeasible 
estate  in  fee-simple  ;  and  have  good  right  to  bargain  and  sell  the  same  in 
manner  and  form  as  above  written  ;  and  that  the  same  are  free  from  all 
encumbrances  whatsoever. 

And  furthermore,  I,  the  said  grantor,  do,  by  these  presents,  bind 
myself  and  my  heirs  forever,  to  warrant  and  defend  the  above-granted 
and  bargained  premises  to  him,  the  said  grantee,  and  his  heirs  and 
assigns,  against  all  claims  and  demands  whatsoever. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this  day 
of  a.d.  18  . 

The  condition  of  this  deed  is  such,  that  whereas  the  said  grantor  is 
justly  indebted  to  the  said  grantee  in  the  sum  of  dollars,  as  evidenced 
by  his  promissory  note  for  said  sum,  of  even  date  herewith,  payable  to 
the  said  grantee  or  order  after  date,  with  interest :  Now,  therefore,  if 
said  note  shall  be  well  and  truly  paid,  according  to  its  tenor,  then  this 
deed  shall  be  void  ;  otherwise,  to  remain  in  full  force  and  effect. 

[Signature  and  seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signatures  of  witnesses.] 

3.— Mortgage  with  Interest  and  Insurance  Clauses. 

This  indenture,  made  the  day  of  in  the  year  one  thousand  eight 
hundred  and  between  A.  B.  [and  C.  B.  his  wife]  of  in  the  county 


HOW  TO  BE  YOUR  OWN  LAWYER. 


263 


of  State  of  of  the  first  part,  E.  F.,  of  in  the  county  of 
State  of  of  the  second  part,  witnesseth  :  That  the  said  A.  B.  is  justly 
indebted  to  the  said  party  of  the  second  part,  in  the  sum  of  dollars, 
lawful  money  of  the  United  States,  secured  to  be  paid  by  a  certain  bond 
or  obligation  bearing  even  date  with  these  presents,  in  the  penal  sum  of 
[usually  twice  the  amount  to  be  secured]  dollars,  lawful  money  as 
aforesaid,  conditioned  for  the  payment  of  the  said  first-mentioned  sum  of 
dollars,  lawful  money  as  aforesaid,  to  the  said  party  of  the  second 
part,  his  executors,  administrators,  or  assigns,  on  the  day  of 
which  will  be  in  the  year  one  thousand  eight  hundred  and  and  inter¬ 
est  thereon  to  be  computed  from  at  and  after  the  rate  of  per 
cent,  per  annum,  and  to  be  paid  on  the  day  of  18  .  And  it  is 
thereby  expressly  agreed,  that  should  any  default  be  made  in  the  pay¬ 
ment  of  the  said  interest,  or  of  any  part  thereof,  on  any  day  whereon 
the  same  is  made  payable,  as  above  expressed,  and  should  the  same  re¬ 
main  unpaid  and  in  arrear  for  the  space  of  days,  then  and  from 
thenceforth,  that  is  to  say,  after  the  lapse  of  the  said  days,  the 
aforesaid  principal  sum  of  dollars,  with  all  arrearage  of  interest 
thereon,  shall,  at  the  option  of  the  said  party  of  the  second  part,  his 
heirs,  executors,  administrators,  legal  representatives,  or  assigns,  become 
and  be  due  and  payable  immediately  thereafter,  although  the  period 
above  limited  for  the  payment  thereof  may  not  then  have  expired,  any¬ 
thing  thereinbefore  contained  to  the  contrary  thereof  in  any  wise  not¬ 
withstanding  : 

As  by  the  said  bond  or  obligation,  and  the  condition  thereof,  reference 
being  thereunto  had,  may  more  fully  appear.  Now  this  indenture  wit¬ 
nesseth,  that  the  said  party  [or  parties]  of  the  first  part,  for  the  better 
securing  the  payment  of  the  said  sum  of  money  mentioned  in  the  condi¬ 
tion  of  the  said  bond  or  obligation,  with  interest  thereon,  according  to 
the  true  intent  and  meaning  thereof,  and  also  for  and  in  consideration  of 
the  sum  of  one  dollar  to  him  [or  to  them]  in  hand  paid  by  the  said  party 
of  the  second  part,  at  or  before  the  ensealing  and  delivery  of  these  pres¬ 
ents,  the  receipt  whereof  is  hereby  acknowledged,  has  [or  have]  granted, 
bargained,  sold,  aliened,  released,  conveyed,  and  confirmed,  and  by  these 
presents  does  [or  do]  grant,  bargain,  sell,  alien,  release,  convey,  and  con¬ 
firm  unto  the  said  party  of  the  second  part,  and  to  his  [or  their]  heirs 
and  assigns  forever,  all  [here  insert  an  accurate  description  of  the  prop¬ 
erty]  ;  together  with  all  and  singular  the  tenements,  hereditaments,  and 
appurtenances  thereunto  belonging,  or  in  any  wise  appertaining,  and  the 
reversion  and  reversions,  remainder  and  remainders,  rents,  issues,  and 
profits  thereof ;  and  also,  all  the  estate,  right,  title,  interest  [dowrer  and 
right  of  dower],  property,  possession,  claim,  and  demand  whatsoever,  as 
well  in  law  as  in  equity,  of  the  said  party  [or  parties]  of  the  first  part, 
of,  in,  and  to  the  same,  and  every  part  and  parcel  thereof,  with  the  ap¬ 
purtenances  :  To  have  and  to  hold  the  above  granted,  bargained,  and  de¬ 
scribed  premises,  with  the  appurtenances,  unto  the  said  party  of  the 
second  part,  his  heirs  and  assigns,  to  his  and  their  own  proper  use,  bene¬ 
fit,  and  behoof  forever.  Provided  always,  and  these  presents  are  upon 
this  express  condition,  that  if  the  said  party  [or  parties]  of  the  first  part, 
his  [or  their]  heirs,  executors,  or  administrators,  shall  well  and  truly  pay 


264 


HOW  TO  BE  YOUR  OWN  LAWYER. 


unto  the  said  party  of  the  second  part,  his  executors,  administrators,  ol 
assigns,  the  said  sum  of  money  mentioned  in  the  condition  of  the  said 
bond  or  obligation,  and  the  interest  thereon,  at  the  time  and  in  the  man¬ 
ner  mentioned  in  the  said  condition,  according  to  the  true  intent  and 
meaning  thereof,  that  then  these  presents,  and  the  estate  hereby  granted, 
shall  cease,  determine,  and  be  void.  And  the  said  A.  B.,  for  himself, 
his  heirs,  executors,  and  administrators,  does  covenant  and  agree  to  pay 
unto  the  said  party  of  the  second  part,  his  executors,  administrators,  of 
assigns,  the  said  sum  of  money  and  interest  as  mentioned  above  and  ex¬ 
pressed  in  the  condition  of  the  said  bond.  And  if  default  shall  be  made 
in  the  payment  of  the  said  sum  of  money  above  mentioned,  or  the  inter¬ 
est  that  may  grow  due  thereon,  or  of  any  part  thereof,  that  then  and 
from  thenceforth  it  shall  be  lawful  for  the  said  party  of  the  second  part, 
his  heirs,  executors,  administrators,  legal  representatives,  and  assigns,  to 
enter  into  and  upon  all  and  singular  the  premises  hereby  granted  or  in¬ 
tended  so  to  be,  and  to  sell  and  dispose  of  the  same,  and  all  benefit  and 
equity  of  redemption  of  the  said  party  [or  parties]  of  the  first  part,  his 
[or  their]  heirs,  executors,  administrators,  or  assigns  therein,  at  public 
auction  according  to  the  act  in  such  case  made  and  provided :  And  as 
the  attorney  of  the  said  party  [or  parties]  of  the  first  part,  for  that  pur¬ 
pose  by  these  presents  duly  authorized,  constituted,  and  appointed  to 
make  and  deliver  to  the  purchaser  or  purchasers  thereof,  a  good  and 
sufficient  deed  or  deeds  of  conveyance  in  the  law  for  the  same,  in  fee 
simple,  and  out  of  the  money  arising  from  such  sale,  to  retain  the  prin¬ 
cipal  and  interest  which  shall  then  be  due  on  the  said  bond  or  obligation, 
together  with  the  costs  and  charges  of  advertisement  and  sale  of  the  said 
premises,  rendering  the  overplus  of  the  purchase-money  (if  any  there 
shall  be)  unto  the  said  party  [or  parties]  of  the  first  part,  his  [or  their] 
heirs,  executors,  administrators,  or  assigns,  which  sale,  so  to  be  made, 
shall  forever  be  a  perpetual  bar,  both  in  law  and  equity,  against  the  said 
party  [or  parties]  of  the  first  part,  his  [or  their]  heirs  and  assigns,  and  all 
other  persons  claiming  or  to  claim  the  premises  or  any  part  thereof,  by, 
from,  or  under  them,  or  either  of  them.  And  it  is  expressly  agreed  by 
and  between  the  parties  to  these  presents,  that  the  said  party  [or  parties] 
of  the  first  part,  shall  and  will  keep  the  buildings  erected  and  to  be 
erected  upon  the  lands  above  conveyed,  insured  against  loss  and  damage 
by  fire,  by  insurers,  and  in  an  amount  approved  by  the  said  party  of  the 
second  part,  and  assign  the  policy  and  certificates  thereof  to  the  said 
party  of  the  second  part ;  and  in  default  thereof,  it  shall  be  lawful  for 
the  said  party  of  the  second  part  to  effect  such  insurance,  and  the  pre¬ 
mium  and  premiums  paid  for  effecting  the  same  shall  be  a  lien  on  the 
said  mortgaged  premises,  added  to  the  amount  of  the  said  bond  or  obli¬ 
gation,  and  secured  by  these  presents,  and  payable  on  demand  with  in¬ 
terest  at  the  rate  of  per  cent,  per  annum. 

In  witness  whereof  the  said  party  [or  parties]  of  the  first  part  has  [oi 
have]  hereunto  set  his  [or  their]  hand[s]  and  seal[s]  the  day  and  yeai 
first  above  written. 

[Signature(s).]  [Seal(s).] 

Sealed  and  delivered  in  the  presence  of 

[Signatures  of  witnesses.] 


HOW  TO  BE  TOUR  OWN  LAWYER. 


26c 


4.— Mortgage  on  Lease. 

This  indenture,  made  the  day  of  in  the  year  one  thousand  eight 
hundred  and  between  A.  B.,  of  in  the  county  of  and  State  o i 
merchant,  of  the  first  part,  and  C.  D.,  of  in  the  said  county,  farm¬ 
er,  of  the  second  part :  Whereas,  E.  F.,  of  did,  by  a  certain  inden¬ 
ture  of  lease,  bearing  date  the  day  of  in  the  year  one  thousand 
eight  hundred  and  demise,  lease,  and  to  farm  let  unto  the  said  A.  B., 
and  to  his  executors,  administrators,  and  assigns,  all  and  singular  the 
premises  hereinafter  mentioned  and  described,  together  with  their  ap¬ 
purtenances  :  To  have  and  to  hold  the  same  unto  the  said  A.  B.,  and  to 
his  executors,  administrators,  and  assigns,  for  and  during,  and  until  the 
full  end  and  term  of  years  from  the  day  of  and  fully  to  be 
complete  and  ended,  yielding  and  paying  therefor  unto  the  said  M.  N., 
and  to  his  heirs,  executors,  administrators,  or  assigns  [or,  if  the  lessor  be 
a  corporation,  say,  to  their  successors  or  assigns],  the  yearly  rent  or  sum 
of  dollars  [here  set  forth  the  terms  of  the  lease,  or  refer  to  the  instru¬ 
ment  upon  record].  And  whereas  the  said  party  of  the  first  part  is  justly 
indebted  to  the  said  party  of  the  second  part,  in  the  sum  of  dollars, 
lawful  money  of  the  United  States  of  America,  secured  to  be  paid  by  his 
certain  bond  or  obligation,  bearing  even  date  with  these  presents,  in  the 
penal  sum  of  dollars,  lawful  money  as  aforesaid,  conditioned  for  the 
payment  of  the  said  first-mentioned  sum  of  dollars,  as  by  the  said  bond 

or  obligation  and  the  condition  thereof,  reference  being  thereunto  had, 
may  more  fully  appear. 

Now,  this  indenture  witnesseth,  that  the  said  party  of  the  first  part, 
for  the  better  securing  the  payment  of  the  said  sum  of  money  men¬ 
tioned  in  the  condition  of  the  said  bond  or  obligation,  with  interest 
thereon,  according  to  the  true  intent  and  meaning  thereof,  and  also,  for 
and  in  consideration  of  the  sum  of  one  dollar,  to  him  in  hand  paid,  by 
the  said  party  of  the  second  part,  at  or  before  the  ensealing  and  delivery 
of  these  presents,  the  receipt  whereof  is  hereby  acknowledged,  has 
granted,  bargained,  sold,  assigned,  transferred,  and  set  over,  and  by 
these  presents  does  grant,  bargain,  sell,  assign,  transfer,  and  set  over 
unto  the  said  party  of  the  second  part,  all  [here  insert  description  of 
premises  as  in  lease].  Together  with  all  and  singular  the  edifices, 
buildings,  rights,  members,  privileges,  and  appurtenances  thereunto 
belonging  or  in  any  wise  appertaining.  And  also,  all  the  estate,  right, 
title,  interest,  term  of  years  yet  to  come  and  unexpired,  property,  pos¬ 
session,  claim,  and  demand  whatsoever,  as  well  in  law  as  in  equity,  of  the 
said  party  of  the  first  part,  of,  in,  and  to  the  said  demised  premises,  and 
every  part  and  parcel  thereof,  with  the  appurtenances.  And  also,  the 
said 'indenture  of  lease,  and  every  clause,  article,  and  condition  therein 
expressed  and  contained :  To  have  and  to  hold  the  said  indenture  of 
lease,  and  other  hereby  granted  premises,  unto  the  said  party  of  the  sec¬ 
ond  part,  his  executors,  administrators,  and  assigns,  to  his  and  their  only 
proper  use,  benefit,  and  behoof,  for  and  during  all  the  rest,  residue,  and 
remainder  of  the  said  term  of  years  yet  to  come  and  unexpired  ;  subject, 
nevertheless,  to  the  rents,  covenants,  conditions,  and  provisions  in  the  said 

12 


266 


HOW  TO  BE  YOUR  OWN  LAWYER. 


indenture  of  lease  mentioned.  Provided  always,  and  these  presents  are 
upon  this  express  condition,  that  if  the  said  party  of  the  first  part  shall 
well  and  truly  pay  unto  the  said  party  of  the  second  part,  the  said  sum  of 
money  mentioned  in  the  condition  of  the  said  bond  or  obligation,  and  the 
interest  thereon,  at  the  time  and  in  the  manner  mentioned  in  the  said  con¬ 
dition,  according  to  the  true  intent  and  meaning  thereof,  that  then  and 
from  thenceforth  these  presents  and  the  estate  hereby  granted  shall  cease, 
determine,  and  be  utterly  null  and  void,  anything  hereinbefore  contained 
to  the  contrary  in  any  wise  notwithstanding.  And  the  said  party  of  the 
first  part  does  hereby  covenant,  grant,  promise,  and  agree  to  and  with  the 
said  party  of  the  second  part,  that  he  shall  well  and  truly  pay  unto  the 
said  party  of  the  second  part,  the  said  sum  of  money  mentioned  in  the 
condition  of  the  said  bond  or  obligation,  and  the  interest  thereon,  accord¬ 
ing  to  the  condition  of  the  said  bond  or  obligation.  And  that  the  said 
premises  hereby  conveyed  now  are  free  and  clear  of  all  encumbrances 
whatsoever,  and  that  he  has  good  right  and  latvful  authority  to  convey 
the  same  in  manner  and  form  hereby  conveyed.  And  if  default  shall  be 
made  in  the  payment  of  the  said  sum  of  money  above  mentioned,  or  in 
the  interest  which  shall  accrue  thereon,  or  of  any  part  of  either,  that  then 
and  from  thenceforth  it  shall  be  lawful  for  the  said  party  of  the  second 
part,  and  his  assigns,  to  sell,  transfer,  and  set  over  all  the  rest,  residue, 
and  remainder  of  the  said  term  of  years  then  yet  to  come,  and  all  other 
the  right,  title,  and  interest  of  the  said  party  of  the  first  part,  of,  in,  and 
to  the  same,  at  public  auction,  according  to  the  Act  in  such  case  made 
and  provided.  And  as  the  attorney  of  the  said  party  of  the  first  part,  for 
that  purpose  by  these  presents  duly  authorized,  constituted,  and  appoint¬ 
ed,  to  make,  seal,  execute,  and  deliver  to  the  purchaser  or  purchasers 
thereof,  a  good  and  sufficient  assignment,  transfer,  or  other  conveyance 
in  the  law,  for  the  same  premises,  wTith  the  appurtenances ;  and  out  of 
the  money  arising  from  such  sale,  to  retain  the  principal  and  interest  which 
shall  then  be  due  on  the  said  bond  or  obligation,  together  with  the  costs 
and  charges  of  advertisement  and  sale  of  the  same  premises,  rendering 
the  overplus  of  the  purchase-money  (if  any  there  shall  be)  unto  the  said 
party  of  the  first  part,  or  his  assigns  ;  which  sale,  so  to  be  made,  shall  be 
a  perpetual  bar,  both  in  law  and  equity,  against  the  said  party  of  the  first 
part,  and  against  all  persons  claiming  or  to  claim  the  premises,  or  any 
part  thereof,  by,  from,  or  under  him,  them,  or  any  of  them. 

In  witness  [etc.,  as  in  Form  1]. 

5— Mortgage  for  Purchase  Money. 

[Use  any  one  of  the  preceding  forms  and  insert  the  following  after  the 
description  of  the  premises  :]  being  the  same  premises  conveyed  to  the 
said  A.  B.,  by  the  said  E.  F.  and  wife,  by  deed  bearing  even  date  with 
these  presents  ;  which  are  given  to  secure  the  payment  of  [part  of]  the 
purchase-money  of  the  said  premises. 

6.— Mortgage  to  Secure  Indorser. 

[As  in  Form  1  to  the  f,  then  continue  as  follows  :]  Whereas  the  said 
party  of  the  second  part,  at  the  request,  and  for  the  benefit  of  the  said 


now  TO  BE  YOUR  OWN  LAWYER. 


267 


party  of  the  first  part,  has,  on  the  day  of  the  date  of  these  presents,  in¬ 
dorsed  a  certain  made  by  the  said  party  of  the  first  part,  for  the  sum 
of  dollars,  bearing  date  and  payable  days  after  to  the  order 
of  at  :  Now,  therefore,  this  conveyance  is  intended  to  secure  the 
party  of  the  second  part  for  all  principal  and  interest  money,  costs, 
charges  and  expenses,  which  he  may  be  compelled  to  pay,  in  consequence 
of  the  failure  of  the  said  party  of  the  first  part  to  pay  and  take  up  the 
said  at  maturity  ;  and  if  the  amount  of  the  said  principal  and 
interest,  shall  be  paid  by  the  party  of  the  first  part  at  maturity,  then  these 
presents  shall  become  void,  and  the  estate  hereby  granted  shall  cease  and 
utterly  determine  ;  but  if  default  shall  be  made  by  the  said  party  of  the 
first  part  in  the  payment  of  the  said  sum  of  money,  or  the  interest,  or  of 
any  part  thereof,  at  the  time  hereinbefore  specified,  and  the  same  be  paid 
by  or  collected  of  the  party  of  the  second  part,  the  said  party  of  the  first 
part  hereby  authorizes  and  empowers  the  party  of  the  second  part,  his 
heirs,  executors,  administrators,  and  assigns,  to  sell  the  said  premises 
hereby  granted,  at  public  auction,  and  convey  the  same  to  the  purchaser 
in  fee-simple,  agreeably  to  the  act  in  such  case  made  and  provided  ;  and 
out  of  the  money  arising  from  such  sale,  to  retain  such  sum  or  sums  of 
money,  as  may  have  been  paid  by  or  collected  of  the  sstid  party  of  the 
second  part,  as  above  mentioned,  together  with  all  costs  and  charges,  and 
pay  the  overplus  (if  any)  to  the  said  party  of  the  first  part,  his  heirs,  ex¬ 
ecutors,  administrators,  or  assigns. 

In  witness  [etc.,  as  in  Form  1]. 


7.— Satisfaction  of  Mortgage. 


State  of 
County  of 


ss. 


I,  E.  F.,  of  county  of  State  of  do  hereby  certify,  that  a  cer¬ 
tain  indenture  of  mortgage,  bearing  date  the  day  of  one  thousand 
eight  hundred  and  made  and  executed  by  A.  B.  (and  wife)  of 
county  of  State  of  to  me  to  secure  the  payment  of  dollars 

and  recorded  in  the  office  of  county  of  in  liber  of  mortgages, 
page  on  the  day  of  in  the  year  one  thousand  eight  hundred 
and  ,  o'clock  in  the  is  paid. 

And  I  do  hereby  consent  that  the  same  be  discharged  of  record. 

Dated  the  day  of  18  . 

In  presence  of  E.  F. 

[Signature  of  witness.] 

[The  satisfaction  piece  should  be  acknowledged  before  the  proper  offi¬ 
cer  See  Acknowledgments.] 


8.— Mortgage  on  Goods  and  Chattels. 

To  all  to  whom  these  presents  shall  come,  know  ye  that  I,  A.  B  ,  of 
county  of  State  of  of  the  first  part,  for  securing  the  payment 
of  the  money  hereinafter  mentioned,  and  in  consideration  of  the  sum  of 


268 


HOW  TO  BE  YOUR  OWN  LAWYER. 


one  dollar  to  me  duly  paid  by  C.  D.,  of  county  of  State  of 
of  the  second  part,  at  or  before  the  ensealing  and  delivery  of  these  pres- 
ents,  the  receipt  whereof  is  hereby  acknowledged,  have  bargained  .and 
sold,  and  by  these  presents  do  grant,  bargain,  and  sell  unto  the  said  party 
of  the  second  part,  his  executors,  administrators,  and  assigns,  [here  insert 
a  brief  description  of  articles,  as  all  the  household  goods],  and  all  other 
goods  and  chattels  mentioned  in  the  schedule  hereunto  annexed,  and 
now  in  the  house  of  A.  B.  at 

To  have  and  to  hold,  all  and  singular  the  goods  and  chattels  above 
bargained  and  sold,  or  intended  so  to  be,  unto  the  said  party  of  the  sec¬ 
ond  part,  his  executors,  administrators,  legal  representatives  and  assigns 
forever.  And  I,  the  said  party  of  the  first  part,  for  myself,  my  heirs, 
executors,  and  administrators,  all  and  singular  the  said  goods  and  chattels 
above  bargained  and  sold  unto  the  said  party  of  the  second  part,  his  heirs, 
executors,  administrators,  and  assigns,  against  the  said  party  of  the 
first  part,  and  against  all  and  every  person  or  persons  whomsoever,  shall 
and  will  warrant,  and  forever  defend. 

Upon  condition  that  if  I,  the  said  party  of  the  first  part,  shall  and  do  well 
and  truly  pay  or  cause  to  be  paid  unto  the  said  party  of  the  second  part, 
his  executors,  administrators,  or  assigns,  the  sum  of  dollars,  and  inter¬ 
est  thereon,  on  the  day  of  then  these  presents  shall  be  void.  And 
I,  the  said  party  of  the  first  part,  for  myself,  my  executors,  administra¬ 
tors,  and  assigns  do  covenant  and  agree  to  and  with  the  said  party  of  the 
second  part,  his  executors,  administrators,  and  assigns,  that  in  case  defaidt 
shall  be  made  in  the  payment  of  the  said  sum  above  mentioned,  then  it 
shall  and  may  be  lawful  for,  and  I,  the  said  party  of  the  first  part,  do 
hereby  authorize  and  empower  the  said  party  of  the  second  part,  his  ex¬ 
ecutors,  administrators,  and  assigns,  with  the  aid  and  assistance  of  any 
person  or  persons,  to  enter  my  dwelling-house,  store,  and  other  premises, 
and  such  other  place  or  places  as  the  said  goods  or  chattels  are  or  may  be 
placed,  and  take  and  cany  away  the  said  goods  or  chattels,  and  to  sell 
and  dispose  of  the  same  for  the  best  price  they  can  obtain  ;  and  out  of 
the  money  arising  therefrom,  to  retain  and  pay  the  said  sum  above  men¬ 
tioned,  and  all  charges  touching  the  same ;  rendering  the  overplus  (if 
any)  unto  me  or  to  my  executors,  administrators,  or  assigns.  And  until 
default  be  made  in  the  payment  of  the  said  sum  of  money,  I  am  to  remain 
and  continue  in  the  quiet  and  peaceable  possession  of  the  said  goods  and 
chattels,  and  the  full  and  free  enjoyment  of  the  same. 

In  witness  whereof,  I,  the  said  party  of  the  first  part,  have  hereunto 
set  my  hand  and  seal  the  day  of  one  thousand  eight  hundred  and 

Sealed  and  delivered  in  the  presence  of  A.  R 

[Signatures  of  witnesses.] 


Schedule. 

[Here  insert  an  accurate  description  of  each  article.] 


HOW  TO  BE  YOUR  OWN  LAWYER. 


209 


NATURALIZATION. 

Naturalization  is  the  act  by  which  a  citizen  of  a  foreign  country  is 
made  a  citizen  of  the  United  States  of  America.  The  power  to  make 
a  uniform  rule  of  naturalization  is  in  Congress. 

A  naturalized  citizen  is  entitled  to  all  the  rights  and  privileges  of  a 
natural-born  citizen,  except  that  he  must  have  been  a  resident  seven 
years  in  the  country  to  make  him  eligible  to  Congress.  He  can  never  be¬ 
come  President  or  Vice-President  of  the  United  States. 

The  requirements  of  the  acts  of  Congress  are  that  the  applicant  shall 
file  his  declaration  of  intention  to  become  a  citizen  of  the  United  States, 
and  to  renounce  his  former  citizenship  at  least  two  years  before  he  receives 
his  papers.  This  declaration  may  be  made  before  any  State  court  of 
record,  or  a  circuit  or  district  court  of  the  United  States,  or  the  clerk  of 
any  of  these  courts.  After  five  years’  residence,  three  years  of  which 
may  have  been  before  majority,  aaid  after  the  above  declaration  of  his 
intention  to  become  a  citizen  has  been  filed  two  years,  the  applicant  may 
prove  the  residence  by  the  oath  of  two  citizens,  and  on  taking  an  oath  to 
support  the  Constitution  of  the  United  States  and  an  oath  to  renounce 
and  abjure  his  native  allegiance,  will  be  given  his  naturalization  papers,  a 
small  fee  of  one  dollar  or  thereabouts  being  charged.  These  papers  are 
evidence  of  citizenship  whenever  citizenship  is  called  in  question  and 
should  be  carefully  preserved. 

If  an  alien  die  after  making  his  declaration  of  intention  his  widow  and 
children  are  citizens. 

The  children  of  naturalized  citizens  living  in  this  country  become 
citizens. 

The  following  is  the  mode  of  admission  : 

“  The  applicant  goes  to  the  clerk  of  the  court,  and  exhibits  the  certificate 
of  his  having  declared  his  intention.  The  clerk  •then  prepares  a  written 
deposition  for  the  witness,  setting  forth  his  knowledge  of  the  applicant’s 
residence,  and  of  his  good  character  ;  and  another  for  the  applicant,  de¬ 
claring  that  he  renounces  all  allegiance  to  every  foreign  power,  and  parti¬ 
cularly  that  of  which  he  is  a  citizen  or  subject ;  and  if  he  has  borne  any 
title  of  nobility,  that  lie  renounces  it,  and  that  he  will  support  the  Con¬ 
stitution  of  the  United  States.  The  parties  are  then  taken  before  the 
judge,  who  examines  each  of  them  under  oath  ;  and  if  he  is  satisfied  that 
the  applicant  has  resided  in  the  country  for  the  requisite  period,  and  is  a 
man  of  good  character,  he  makes  an  order  in  writing  for  his  admission. 
The  depositions  are  then  subscribed  by  the  parties,  and  publicly  sworn 
to  in  court  in  presence  of  the  judge  ;  and  the  certificate  of  the  declaration 
of  intention,  the  depositions  and  the  order  of  the  judge  are  filed,  and 
constitute  the  record  of  the  proceeding.  A  final  certificate  under  the 


270 


HOW  TO  BE  YOUR  OWN  LAWYER. 


seal  of  the  court,  signed  by  the  clerk,  is  then  given  the  alien,  declaring 
that  he  has  complied  with  all  the  requisites  of  the  law,  and  has  been  duly 
admitted  a  citizen,  which  certificate  is  conclusive  evidence  thereafter  of 
the  fact.  In  the  case  of  a  minor,  the  previous  declaration  of  intention 
is  dispensed  with ;  but  in  all  other  respects  the  course  of  procedure  is 
the  same.” 


1.— Declaration  of  Intention. 

I,  A.  B.,  do  declare  on  oath  that  it  is  bona  fide  my  intention  to  become 
a  citizen  of  the  United  States,  and  to  renounce  forever  all  allegiance  and 
fidelity  to  all  and  any  foreign  prince,  potentate,  state,  and  sovereignty 
whatever,  and  particularly  to  [the  Queen  of  Great  Britain  and  Ireland], 
of  whom  I  was  a  subject.  A.  B. 

Sworn  in  open  court,  this 
day  of  18  . 

[Signature]  Clerk. 


2.— Certificate  by  Clerk. 


State  of 
County  of 


j-ss. 


I,  E.  F.,  clerk  of  do  certify,  that  the  above  is  a  true  copy  of  the 
original  declaration  of  intention  of  A.  B.  to  become  a  citizen  of  the  United 
States,  remaining  of  record  in  my  office. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name,  and  af¬ 
fixed  the  seal  of  the  said  court,  the  day  of  one  thousand  eight 
hundred  and 


[Seal  of  office.] 


E.  F.,  Clerk. 


3.— Oath  of  Applicant  for  Naturalization. 

I,  A.  B.,  do  solemnly  swear  that  I  will  support  the  Constitution  of  the 
United  States  of  America,  and  that  I  do  absolutely  and  entirely  renounce 
and  abjure  all  allegiance  and  fidelity  to  any  foreign  prince,  potentate, 
state,  or  sovereignty  whatever,  particularly  to  [Victoria,  Queen  of  the 
United  Kingdom  of  Great  Britain  and  Ireland],  of  whom  I  was  a  sub¬ 
ject.  [Any  title  or  order  of  nobilitv  must  also  be  renounced.] 

A.  B. 

Sworn  in  open  court,  the 

day  of  18  ,  before  me, 

[Signature]  Judge. 


Proof  of  Residence. 

Court,  ) 

County  of  (  ' ' 

C.  D.,  of  being  duly  sworn  [or,  affirmed],  says  that  he  is  a  citizen 
of  the  United  States,  and  is,  and  for  five  years  last  past  has  been, well  ae 


now  TO  BE  YOUR  OWN  LAWYER. 


271 


quainted  with  A.  B.,  now  present ;  that  said  A.  B.  has  resided  within  the 
United  States  for  five  years  at  least  last  past,  and  for  one  year  last  past 
within  the  State  of  and  that  during  that  time  the  said  A.  B.  has 

behaved  as  a  man  of  a  good  moral  character,  attached  to  the  principles 
of  the  Constitution  of  the  United  States,  and  well  disposed  to  the  good 
order  and  happiness  of  the  same  [and  if  the  applicant,  by  reason  of 
having  been  a  minor,  has  made  no  previous  declaration  of  intention, 
add  :  and  that  said  A.  B.  became  of  the  age  of  twenty-one  years  on  the 
day  of  18  and  that  he  resided  within  the  United  States  at  least 
three  years  next  previous  to  his  becoming  twenty-one  years  of  age]. 


Sworn  in  open  court  this  day  of  18 
[Signature]  Clerk. 


C.  D. 


4 —Certificate  of  Citizenship. 

United  States  of  America,  ) 

State  of  New  York,  [•  ss. 

County  of  .  ) 

Be  it  remembered,  that  on  the  day  of  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  A.  B.,  formerly  of  in  the 
kingdom  of  now  of  in  the  State  of  appeared  in  the  court 
(the  said  court  being  a  court  of  record,  having  common-law  jurisdiction, 
and  a  clerk  and  seal),  and  applied  to  the  said  court  to  be  admitted  to  be¬ 
come  a  citizen  of  the  United  States  of  America,  pursuant  to  the  pro¬ 
visions  of  the  several  acts  of  the  Congress  of  the  United  States  of  America, 
for  that  purpose  made  and  provided.  And  the  said  applicant  having 
thereupon  produced  to  the  court  such  evidence,  made  such  declaration 
and  renunciation,  and  taken  such  oaths  as  are  by  the  said  acts  required  : 
thereupon  it  was  ordered  by  the  said  court,  that  the  said  applicant  be 
admitted,  and  he  was  accordingly  admitted  by  the  said  court,  to  be  a 
citizen  of  the  United  States  of  America. 

In  testimony  whereof,  the  seal  of  the  said  court  is  hereunto 
[Seal  of  affixed,  this  day  of  in  the  year  of  our  Lord  one 
:he  court.]  thousand  eight  hundred  and  and  in  the  year  of  our 
independence  the 

Per  curiam. 

[Signature  of]  Clerk. 


5.— Affidavit  of  a  Resident  Alien,  to  enable  Him  to  hold  Real  Prop¬ 
erty  in  Hew  York. 


State  of 
County  of 


j-  ss. 


A.  B.,  of  being  duly  sworn,  doth  depose  and  say,  that  he  is  a 
resident  in  the  State  of  and  intends  always  to  reside  in  the  United 
States,  and  to  become  a  citizen  thereof  as  soon  as  he  can  be  naturalized, 


272 


HOW  TO  BE  YOUR  OWN  LAWYER. 


and  that  he  has  taken  such  incipient  measures  as  the  laws  of  the  United 
States  require,  to  enable  him  to  obtain  naturalization. 

A.  B. 

Sworn  before  me  this  day  of  18  . 

[Signature  and  title  of  officer.] 


NEWSPAPERS . 

The  person  or  persons  who  are  impersonated  in  a  newspaper  are  subject 
to  all  the  laws  of  the  land,  but  the  laws  to  which  they  are  most  distinctly 
amenable  in  consequence  of  their  business  of  gathering  and  disseminat¬ 
ing  news  and  commenting  thereon  and  on  the  prominent  people  of  the 
time,  are  of  course  those  relating  to  libel. 

They  are  subject  to  the  same  laws  as  persons.  They  may  speak  the 
truth  as  general  matter  of  news  or  for  the  purposes  of  the  public  welfare, 
comment  on  the  character  of  men  in  public  positions  and  candidates  for 
office,  but  any  untruth  said  of  a  candidate  for  office  is  libel  to  the  ex¬ 
tent  of  the  actual  money  damage  it  has  been  to  the  candidate.  It  is  very 
hard  to  get  a  verdict  against  any  paper  for  the  libel  of  a  candidate,  for  it 
is  certainly  for  the  public  welfare  that  the  character  of  those  seeking 
office  should  be  thoroughly  canvassed  and  made  known,  and  of  course 
the  more  vile  the  truth,  the  more  need  that  it  be  known,  and  the  more 
justifiable  its  publication  becomes  ;  a  candidate  puts  his  character  before 
the  public. 

Libel  of  an  ordinary  person  by  a  newspaper  is  governed  by  the  same 
rules  as  that  by  a  person,  except  that  in  the  interests  of  general  informa¬ 
tion  rather  unjustifiable  publications  may  be  regarded  leniently,  though  a 
spirit  of  reckless  libel  would  be  visited  with  even  exemplary  damages. 


NOTES. 

[See  Commercial  Paper.] 


PARENT  AND  CHILD. 

The  parent  is  under  legal  duty  to  support  the  minor  child.  It  is  now 
held  by  high  authority  that  a  minor  child  who  is  not  supported  by  its 
parent  may  purchase  necessaries  on  credit,  and  the  tradesman  may  then 


HOW  TO  BE  YOUR  OWN  LAWYER. 


273 


sue  the  parent,  on  the  theory  of  an  implied  contract,  but  if  the  parent  sup 
plies  reasonable  necessaries  the  tradesman  can  not  hold  the  parent 
liable.  If  the  child  is  in  better  circumstances  than  the  parent,  the  father 
will  not,  as  a  general  rule,  be  obliged  to  support  it. 

No  man  is  bound  to  support  the  children  of  his  wife  by  a  former  hus¬ 
band,  nor  can  he  compel  them  to  pay  him  for  their  support  if  he  pro¬ 
vides  for  them. 

The  child  can  not  compel  its  parent  to  educate  it.  The  child  has  a 
claim  on  its  parent’s  estate  for  bare  maintenance  only. 

The  parent  is  not  liable  for  the  wrongful  acts  of  the  child.  The  father 
has  the  right  to  the  custody  of  the  child  against  all  persons  except  the 
mother,  and  between  him  and  her  the  court  will  decide. 

The  father  has  a  right  to  the  services  of  the  child  ;  consequently,  if  it 
be  employed  by  another  person,  the  father  can  collect  its  wages.  The 
parent  may  give  the  child  its  time,  in  which  case  the  child  would  be  en¬ 
titled  to  its  wages. 

The  parent  can  bring  suit  for  personal  injury  to  the  child. 

The  child  is  obliged  to  support  its  indigent  parent  if  it  is  able  to  do  so, 
but  can  not  be  compelled  to  pay  bills  which  the  parent  may  contract. 
This  obligation  to  support  an  indigent  parent  is  enforced  by  the  Superin¬ 
tendent  of  the  Poor. 


PARTNERSHIP . 

A  partnership  exists  when  two  or  more  persons  combine  their  propert}’, 
labor,  and  skill,  or  one  or  more  of  them,  in  the  transaction  of  business  for 
their  common  profit. 

The  partnership  may  be  special  or  confined  by  the  articles  of  agree¬ 
ment  to  a  single  transaction,  or  one  or  more  particular  lines  of  business. 

The  partnership  is  general  when  it  is  confined  to  no  stated  line  of  busi¬ 
ness.  In  the  absence  of  stipulations  as  to  the  kind  of  partnership,  and 
when  there  is  no  evidence  from  the  course  of  trade,  a  partnership  is  pre¬ 
sumed  to  be  general. 

The  partners  may  own  all  the  property  of  the  firm  together,  or  one 
partner  may  put  in  all  the  capital  and  the  other  furnish  the  skill  or  time 
in  managing  the  business.  Any  one  is  a  partner  who  participates  in  the 
profits  and  losses  of  the  firm  by  agreement. 

The  partners  are  individually  liable  for  the  debts  of  the  firm  after  the 
partnership  funds  have  been  exhausted. 

A  person  may  in  most  of  the  States  become  a  special  partner  and  limit 
12* 


274 


HOW  TO  BE  YOUR  OWN  LAWYER, 


his  liability  to  the  possible  loss  of  the  amount  of  capital  contributed  by 
him.  In  case  of  such  a  limited  partnership,  the  partner  must  conform  to 
the  requirements  of  the  statutes  or  he  will  be  held  as  a  general  partner. 

There  must  be  general  partners,  and  the  names  of  the  special  partners 
must  not  appear  in  the  firm  name.  They  have  all  the  duties  and  powers 
of  active  partners. 

The  rule  of  personal  liability  being  general,  such  other  arrangement 
must  be  in  writing,  acknowledged  before  some  magistrate  and  recorded 
and  advertised  so  that  it  will  be  actually  or  constructively  known  to  all 
dealing  with  the  firm. 

A  partnership  may  hold  real  estate  for  the  purposes  of  the  business  or 
for  the  common  profit,  and  in  as  far  as  it  is  partnership  property,  it  is 
treated  as  personal  property  and  is  chargeable  with  the  debts  of  the  firm. 
Land  purchased  with  the  funds  of  the  firm  is  liable  for  its  debts. 

Joint  ownership  of  property,  however,  does  not  necessarily  make  a 
partnership.  It  must  be  dealt  with  as  a  basis  or  means  of  making  money 
to  indicate  a  partnership. 

Giving  employes  a  share  in  the  profits  of  the  business  as  compensation 
for  services  does  not  make  such  employes  partners,  and  hence  liable  for 
the  firm’s  debts.  Partners  own  the  profits  as  they  arise,  not  after  the 
performance  of  stated  services. 

No  writing  nor  express  agreement  is  necessary  to  constitute  a  partner¬ 
ship.  When  men  join  property  and  efforts  in  any  enterprise  for  profit, 
the  law  lays  down  a  code  of  rules.  It  recognizes  a  partnership  no  mat¬ 
ter  what  the  name  used,  even  if  the  name  of  one  only  of  the  partners  ap¬ 
pears.  All  of  the  parties  share  the  profits  and  losses  equally,  unless  oth¬ 
erwise  stipulated.  Each  can  represent  all,  and  can  bind  the  company  in 
any  partnership  business  or  in  any  transaction  which  seems  to  be  within 
the  scope  of  the  partnership  business. 

Any  one  of  the  partners  may  terminate  the  partnership  at  any  time, 
unless  it  is  for  a  stated  period  of  time.  The  death  or  insolvency  of  any 
one  of  the  partners  in  itself  produces  the  same  result.  When  a  company 
is  wound  up  and  any  of  the  partners  are  dissatisfied  with  their  allotted 
share  of  the  assets,  they  may  apply  to  the  court  for  a  receiver,  who  shall 
convert  the  firm  property  into  money,  and  under  the  direction  of  the 
court  divide  the  proceeds  according  to  the  contribution  of  each  partner 
to  the  capital  of  the  finn.  It  is  advisable  to  have  the  partnership  agree¬ 
ment  in  writing,  although  a  partnership  may  be  formed  without  a  written 
agreement. 

In  any  case  partners  have  a  very  broad  power  of  acting  for  each  other. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


275 


Either  may  deal  with  the  common  property  as  if  he  were  the  owner.  He 
can  bind  the  firm  by  notes  signed  in  the  firm  name,  and  can  contract 
debts  in  its  name. 

All  the  partners  must  join  in  executing  a  sealed  instrument  in  the  name 
of  the  firm,  and  in  making  a  general  assignment  for  the  benefit  of  credit¬ 
ors,  with  preferences. 

Dissolution  may  be  provided  for  by  the  articles  of  partnership,  or  may 
take  place  by  the  insanity,  death,  or  other  absolute  incapacity  of  one  of 
the  partners,  or  by  his  assignment  of  his  interest  to  a  stranger. 

After  the  dissolution  and  a  notice  of  the  same  to  the  public  at  large 
through  the  papers,  and  special  notices  to  all  customers  and  correspond¬ 
ents,  no  partner  can  increase  or  continue  the  liabilities  of  the  other  mem¬ 
bers,  nor  is  he  bound  for  any  further  debts  of  the  firm. 

Joint  stock  companies  are  partnerships  whose  capital  is  divided  up  into 
shares  which  are  assignable,  but  in  this  country  corporations  are  so  gen¬ 
erally  resorted  to  that  these  are  rarely  formed. 

1.— Articles  of  Copartnership. 

Articles  of  agreement,  made  the  day  of  one  thousand  eight 
hundred  and  between  A.  B.,  of  and  C.  D.,  of  witnesseth,  as 
follows : 

I.  The  said  parties  above  named  have  agreed  to  become  copartners  in 
business,  and  by  these  presents  do  agree  to  be  copartners  together  under 
and  by  the  name  or  firm  of  B.  &  D.,  in  the  business  of  [here  designate  it 
briefly,  but  accurately],  in  the  [buying  and]  selling  all  sorts  of  goods* 
wares,  and  merchandise  to  the  said  business  belonging.  The  partnership 
to  commence  on  the  day  of  and  to  continue  years. 

II.  To  that  end  and  purpose  the  said  A.  B.  has  contributed  the  sum  of 
dollars  in  cash,  and  the  said  C.  D.  has  contributed  the  lease  of  the 

store  in  to  be  occupied  by  them,  and  the  stock  of  goods  and  good-will 
of  the  business  there  heretofore  carried  on  by  him,  which  .ire  together 
estimated  and  valued  by  the  parties  at  the  like  sum  of  dollars,  the 
capital  stock  so  formed  to  be  used  and  employed  in  common  between 
them,  for  the  support  and  management  of  the  said  business,  to  their 
mutual  benefit  and  advantage. 

III.  At  all  times  during  the  continuance  of  their  copartnership,  they 
and  each  of  them  will  give  their  attendance,  and  do  their  and  each  of 
their  best  endeavors,  and  to  the  utmost  of  their  skill  and  power  exert 
themselves  for  their  joint  interest,  profit,  benefit,  and  advantage,  and 
truly  employ  [buy],  sell,  and  merchandise  with  their  joint  stock,  and  the 
increase  thereof,  in  the  business  aforesaid.  And  also,  that  they  shall  and 
will  at  all  times  during  the  said  copartnership,  bear,  pay,  and  discharge 
equally  between  them,  all  rents  and  other  expenses  that  may  required 
for  the  support  and  management  of  the  said  business  ;  and  that  all  gains, 
profit,  and  increase  that  shall  come,  grow,  or  arise  from  or  bj  mean*  of 


276 


HOW  TO  BE  YOUR  OWN  LAWYER. 


their  said  business,  shall  be  divided  between  them  equally  ;  and  all  loss 
that  shall  happen  to  their  said  joint  business  by  ill  commodities,  bad 
debts,  or  otherwise  shall  be  borne  and  paid  between  them  equally. 

IV.  And  it  is  agreed  by  and  between  the  said  parties  that  there  shall 
be  had  and  kept  at  all  times  during  the  continuance  of  their  copartner¬ 
ship,  perfect,  just,  and  true  books  of  account,  wherein  each  of  the  said 
copartners  shall  enter  and  set  down,  as  well  all  money  by  them  or  either 
of  them  received,  paid,  laid  out,  and  expended  in  and  about  the  said 
business,  as  also  all  goods,  wares,  commodities,  and  merchandise  by 
them  or  either  of  them  bought  or  sold,  by  reason  or  on  account  of  the 
said  business,  and  all  other  matters  and  things  whatsoever,  to  the  said 
business  and  the  management  thereof  in  any  wise  belonging  ;  which  said 
book  shall  be  used  in  common  between  the  said  copartners,  so  that  either 
of  them  may  have  access  thereto,  without  any  interruption  or  hindrance 
of  the  other.  And  also,  the  said  copartners,  once  in  [designating  the 
times],  or  oftener,  if  necessary,  shall  make,  yield,  and  render,  each  to  the 
other,  a  true,  just,  and  perfect  inventory  and  account  of  all  profits  and 
increase  by  them  or  either  of  them  made,  and  of  all  losses  by  them  or 
either  of  them  sustained  ;  and  also  all  payments,  receipts,  disbursements, 
and  all  other  things  by  them  made,  received,  disbursed,  acted,  done,  or 
suffered  in  this  said  copartnership  and  business  ;  and  the  same  account 
so  made  shall  and  will  clear,  adjust,  pay,  and  deliver,  each  to  the  other, 
at  the  time,  their  just  share  of  the  profits,  and  pay  and  bear  their  just 
share  of  the  expenses  and  losses  so  made  as  aforesaid. 

Y.  And  the  said  parties  hereby  mutually  covenant  and  agree,  to  and 
with  each  other,  that  during  the  continuance  of  the  said  copartnership 
neither  of  them  shall  nor  will  indorse  any  note,  or  otherwise  become 
surety  for  any  person  or  persons  whomsoever,  without  the  consent  of  the 
other  of  the  said  copartners.  And  at  the  end  or  other  sooner  determina¬ 
tion  of  their  copartnership,  the  said  copartners,  each  to  the  other,  shall 
and  will  make  a  true,  just,  and  final  account  of  all  things  relating  to  their 
said  business,  and  in  all  things  truly  adjust  the  same  ;  end  all  and  every 
the  stock  and  stocks,  as  well  as  the  gains  and  increase  thereof,  which 
shall  appear  to  be  remaining,  either  in  money,  goods,  wares,  fixtures, 
debts,  or  otherwise,  shall  be  divided  between  them. 

In  witness  whereof  the  parties  thereto  have  hereunto  interchangeably 
set  their  hands  and  seals  the  day  and  year  first  above  written. 

A.  B.  [Seal.] 

C.  D.  [Seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signature  of  witness.] 

2.— Articles  of  Copartnership  in  Commission  Business. 

Articles  of  copartnership,  made  this  day  of  18  by  and  between 
A.  B.  and  C.  D.,  both  of  the  city  of 

The  said  parties  hereby  agree  to  form  and  do  form  a  copartnership, 
for  the  purpose  of  carrying  on  the  general  produce  and  commission  busi¬ 
ness  on  the  following  terms  and  articles  of  agreement,  to  the  faithful 
performance  of  which  they  mutually  engage  and  bind  themselves.  The 


HOW  TO  BE  YOUR  OWN  LAWYER.  27^ 

style  and  name  of  the  copartnership  shall  be  B.  and  D.,  and  shall  com¬ 
mence  on  the  day  of  18  . 

Each  of  said  parties  agrees  to  contribute  to  the  funds  of  the  partnership 
the  sum  of  dollars  in  cash,  which  shall  be  paid  in  on  or  before  the 
day  of  18  ,  and  each  of  said  parties  shall  devote  and  give  all 
his  time  and  attention  to  the  business,  and  to  the  care  and  superintend¬ 
ence  of  the  same. 

All  profits  which  may  accrue  to  the  said  partnership  shall  be  divided, 
and  all  losses  happening  to  the  said  firm,  whether  from  bad  debts,  de¬ 
preciation  of  goods,  or  any  other  cause  or  accident,  and  all  expenses  of 
the  business,  shall  be  borne  by  the  said  parties  equally. 

All  the  purchases,  sales,  transactions,  and  accounts  of  the  said  firm 
shall  be  kept  in  regular  books,  which  shall  be  always  open  to  the  inspec¬ 
tion  of  both  parties,  and  their  legal  representatives,  respectively.  An 
account  of  stock  shall  be  taken,  and  an  account  between  the  parties  shall 
be  settled  as  often  as  once  a  year,  and  as  much  oftener  as  either  partner 
may  desire  and  in  writing  request. 

Neither  of  the  said  parties  shall  subscribe  any  bond,  sign  or  indorse 
any  note  of  hand,  accept,  sign,  or  indorse  any  draft  or  bill  of  exchange, 
or  assume  any  other  liability,  verbal  or  written,  either  in  his  own  name 
or  in  the  name  of  the  firm,  for  the  accommodation  of  any  other  person 
or  persons  whatsoever,  without  the  consent  in  writing  of  the  other  party ; 
nor  shall  either  party  lend  any  of  the  funds  of  the  copartnership  without 
such  consent  of  the  other  party. 

Neither  party  shall  be  engaged  in  any  other  business,  nor  shall  either 
party  withdraw  from  the  joint  stock  any  more  than  dollars  per 

On  the  dissolution  of  this  copartnership,  if  the  said  parties  or  their 
legal  representatives  can  not  agree  in  the  division  of  the  stock  then  on 
hand,  the  whole  copartnership  effects,  except  the  debts  due  the  firm, 
shall  be  sold  at  public  auction,  at  wilich  both  parties  shall  be  at  liberty 
to  bid  and  purchase  like  other  individuals,  and  the  proceeds  to  be  divided 
after  paying  the  debts  of  the  firm. 

For  the  purpose  of  securing  the  performance  of  the  foregoing  agree¬ 
ments,  it  is  agreed  that  either  party,  in  case  of  any  violation  of  them  or 
either  of  them  by  the  other,  shall  have  the  right  to  dissolve  this  copart¬ 
nership  forthwith  on  his  becoming  informed  of  such  violation. 

In  witness  whereof  the  said  parties  have  hereunto  set  their  hands  and 
seals  the  day  and  year  first  above  written. 

A.  B.  [l.  s.l 
C.  D.  [  l.  s.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signature  of  witness.] 

3.— Limit  of  Amount  to  be  Drawn  Out  by  Partners. 

(Insert  the  following  before  attestation  clause  in  Form  1  :] 

Cach  of  the  parties  may  drawT  from  the  cash  of  the  joint  stock  the  sum 
of  dollars  quarterly,  to  his  own  use,  the  same  to  be  charged  in  ac¬ 
count,  and  neither  of  them  shall  take  any  further  sum  for  his  own  sepa¬ 
rate  use,  without  the  consent  of  the  other  in  writing ;  and  any  such  fur- 


278 


HOW  TO  BE  YOUR  OWN  LAWYER. 


ther  sum,  taken  with  suck  consent,  shall  draw  interest  at  the  rate  of 
per  cent. ,  and  shall  be  payable,  together  with  the  interest  due,  within 
days  after  notice  in  writing  given  by  the  other  party. 

4.— Restriction  on  the  Power  of  Majority. 

[Insert  the  following  before  attestation  clause  in  Form  1 :] 

No  purchase  or  other  contract,  involving  a  liability  of  more  than 
dollars,  nor  any  importation  from  abroad  shall  be  made,  nor  any  transac¬ 
tion  out  of  the  usual  course  of  the  retail  business  shall  be  undertaken  by 
either  of  the  partners  without  the  previous  consent  and  approval  of  the 
other  partner. 

5— Provision  that  after  a  Dissolution  the  Retiring  Partner  shall 
not  Carry  on  the  Trade  or  Disclose  Secrets. 

[Use  Forms  1  or  2,  and  insert  the  following  before  attestation  clause  :] 

Upon  and  after  the  expiration  of  the  said  term,  or  other  sooner  termi¬ 
nation  of  the  partnership,  except  it  be  terminated  by  reason  of  the  viola¬ 
tion,  default  or  death  of  the  other  party,  the  partner  retiring  shall  not  at 
any  time,  either  alone,  or  jointly  with,  or  as  agent  for  any  person  either 
directly  or  indirectly,  set  up,  exercise  or  carry  on  the  said  trade  or  busi¬ 
ness  of  within  miles  from  aforesaid;  and  shall  not  set  up, 
make,  or  encourage  any  opposition  to  the  said  trade  or  business  hereafter 
to  be  carried  on  by  the  other  party  or  his  representatives  or  assigns,  nor 
do  anything  to  the  prejudice  thereof  ;  and  shall  not  divulge  to  any  per¬ 
son  any  of  the  secrets,  accounts,  or  transactions  of,  or  relating  to  the  said 
copartnership.  And  for  any  violation  of  this  stipulation,  the  parties  bind 
themselves  to  each  other  in  the  sum  of  dollars  to  be  deemed  liquidated 
damages,  and  in  total  extinction  of  this  covenant,  and  not  in  the  nature 
of  a  penalty. 

6.— Advertisement  of  Dissolution. 

Notice  is  hereby  given,  that  the  partnership  lately  subsisting  between 
A.  B.  and  C.  D  of  under  the  firm  of  B.  and  D.,  expired  on  the 
day  of  [or,  was  dissolved  on  the  day  of  by  mutual  consent,  or, 
pursuant  to  the  terms  of  the  articles].  All  debts  owing  to  the  said  part¬ 
nership  are  to  be  received  by  said  A.  B. ,  and  all  demands  on  the  said 
partnership  are  to  be  presented  to  him  for  payment  [or,  A.  B.  is  author¬ 
ized  to  settle  all  debts  due  to  and  by  the  firm]. 

[Date.]  [Signatures  of  partners.] 

7.— Advertisement  of  a  Partner’s  Retiring. 

Notice  is  hereby  given,  that  the  partnership  between  A.  B.,  C.  D.,  and 
E.  F. ,  was  dissolved  on  the  day  of  so  far  as  relates  to  the  said  E.  F. 
All  debts  due  to  the  said  partnership,  and  those  due  by  them,  will  be  set¬ 
tled  with  and  by  the  remaining  partners  [who  will  continue  the  business 
under  the  firm  of  B.  &  D.] 

[Date.]  [Signatures  of  the  partners.] 


HOW  TO  BE  TOUR  OWN  LAWYER. 


279 


8— Certificate  of  Formation  of  Limited  Partnership  under  the 
Laws  of  the  State  of  New  York. 

This  is  to  certify,  that  the  undersigned  have  formed  a  limited  partner¬ 
ship,  pursuant  to  the  provisions  of  the  Revised  Statutes  of  the  State  of 
New  York.  That  the  name  or  firm  under  which  such  partnership  is  to 
be  conducted  is  That  the  general  nature  of  the  business  to  be  trans¬ 
acted  is  [here  specify  it — e.  g. ,  thus  :]  buying  and  selling  [on  commission] 
hardware  and  house-furnishing  goods,  and  such  articles  as  are  usually 
dealt  in  by  dealers  in  such  ware  and  goods.  That  the  names  of  all  the 
general  and  special  partners  are  as  follows  :  A.  B.,  who  resides  at 
and  C.  D.,  who  resides  at  are  the  general  partners  ;  and  E.  F.,  who 
resides  at  and  L.  M. ,  who  resides  at  are  the  special  partners  ;  and 
that  the  said  E.  F.  has  contributed  the  sum  of  dollars,  and  L.  M.  the 
sum  of  dollars,  as  capital  to  the  common  stock  ;  and  that  the  said 
partnership  is  to  commence  on  the  day  of  and  is  to  terminate  on 
the  day  of  18  . 

Dated  this  day  of  one  thousand  eight  hundred  and 

[Signatures.] 

This  should  be  acknowledged  before  the  proper  officer.  [See  Acknowl¬ 
edgments.] 

9.— Affidavit  of  Payment  of  Capital. 

County  of  ,  ss. 

A.  B.,  being  duly  sworn,  says,  that  he  is  the  general  partner  [or,  one 
of  the  general  partners]  named  in  the  above  certificate,  and  that  the  sum 
specified  in  the  said  certificate  to  have  been  contributed  b}^  the  [or,  each] 
special  partner  to  the  common  stock  has  been  actually,  and  in  good  faith, 
paid  in  cash. 

Sworn  before  me,  this  day  of  18  .  [Signature.] 

[Signature  of  officer.] 


PATENTS. 

A  patent  is  an  instrument  by  which  the  United  States  secures  to  in¬ 
ventors  for  a  limited  time  the  exclusive  use  of  their  own  inventions. 

The  word  patent  is  also  applied  to  the  grant  of  land  by  the  govern¬ 
ment  to  the  first  occupant,  and  the  principle  upon  which  both  kinds  of 
patents  are  granted  is  much  the  same.  In  each  case  there  is  a  qualified 
discovery,  or  at  any  rate,  a  creation  of  value  and  an  adaptation  to  in¬ 
creased  uses  of  the  raw  material  of  nature,  besides  a  first  occupancy  or 
possession  of  the  same  in  the  new  form.  Both  creation  and  occupancy 
are  natural  and  universal  origins  of  property. 

The  rules  of  practice  of  the  United  States  Patent  Office  are  very  full  and 


280 


HOW  TO  BE  TOUR  OWN  LAWYER. 


simple,  and  any  person  by  following  them  may  obtain  his  patent,  the 
office  affording  him  the  necessary  assistance  and  guidance.  If  an  inven¬ 
tion  is  a  complicated  one,  or  has  many  points  where  it  may  conflict  with 
other  inventions,  or  may  fail  to  be  original  or  useful,  the  assistance  of  a 
skilled  patent  lawyer  may  be  necessary. 

Patents  for  inventions  granted  since  March  2,  1861,  are  issued  for 
seventeen  years,  and  can  not  be  extended. 

The  person  to  whom  the  patent  has  been  assigned  can  have  letters 
issued  directly  to  him. 

Patents  may  be  obtained  for  designs,  such  as  artistic  figures,  orna¬ 
ments,  pictures  intended  to  be  painted  or  printed  upon,  or  worked  in 
articles  manufactured. 

Assignments  or  grants  should  be  recorded  within  three  months  after 
date. 

All  fees  are  payable  in  advance. 

When  a  patent  which  has  been  issued  is  found  to  be  invalid  through 
some  mistake  or  accident,  it  can  be  surrendered  and  a  correct  one  issued 
in  its  stead,  which  is  called  a  reissue. 

Pamphlets  containing  the  patent  laws  and  directions  for  proceedings  in 
the  Patent  Office  are  issued  annually  by  the  office,  and  may  be  had  by  ap¬ 
plying  by  letter  to  the  Commissioner  of  Patents,  Washington,  D.  C. 

Rules  of  Practice  in  the  United  States  Patent  Office. 
Correspondence. 

All  business  with  the  office  should  be  transacted  in  writing. 

All  office  letters  must  be  sent  in  the  name  of  the  “  Commissioner  of 
Patents.”  All  letters  and  other  communications  intended  for  the  office 
must  be  addressed  to  him. 

Express  charges,  freight,  postage,  and  all  other  charges  on  matter 
sent  to  the  patent  office  must  be  prepaid  in  full ;  otherwise  it  will  not  be 
received. 

The  personal  attendance  of  applicants  at  the  patent  office  is  unneces¬ 
sary.  Their  business  can  be  transacted  by  correspondence. 

The  assignee  of  the  entire  interest  of  an  invention  is  entitled  to  hold 
correspondence  with  the  office  to  the  exclusion  of  the  inventor. 

Where  there  has  been  an  assignment  of  an  undivided  part  of  an 
invention,  the  inventor  and  the  assignee  will  both  be  recognized  as  the 
proper  parties  to  hold  correspondence  with  the  office,  and  all  amend¬ 
ments  and  other  actions  in  such  cases  must  be  signed  by  both  parties. 

When  an  attorney  shall  have  filed  his  power  of  attorney,  duly 
executed,  the  correspondence  will  be  held  with  him. 

A  separate  letter  should  in  every  case  be  written  in  relation  to  each 
distinct  subject  of  inquiry  or  application.  Assignments  for  record,  finai 


HOW  TO  BE  YOUR  OWN  LAWYER. 


2S1 


fees,  and  orders  for  copies  or  abstracts  must  be  sent  to  the  office  in 
separate  letters. 

When  a  letter  concerns  an  application,  it  should  state  the  name  of  the 
applicant,  the  title  of  the  invention,  the  serial  number  of  the  application, 
and  the  date  of  filing  the  same. 

When  the  latter  concerns  a  patent,  it  should  state  the  name  of  the 
patentee,  the  title  of  the  invention,  and  the  number  and  date  of  the 
patent. 

Information  to  Correspondents . 

Of  the  propriety  of  making  an  application  for  a  patent,  the  inventor 
must  judge  for  himself. 

Caveats  and  pending  applications  are  preserved  in  secrecy.  No  in¬ 
formation  will  be  given,  without  authority,  respecting  the  filing  by  any 
particular  person  of  a  caveat,  or  of  an  application  for  a  patent,  or  for  the 
reissue  of  a  patent. 

After  a  patent  has  issued,  the  model,  specification,  drawings,  and  all 
documents  relating  to  the  case  are  subject  to  general  inspection. 


A  Homey s. 

Any  person  of  intelligence  and  good  moral  character  may  appear  as 
the  agent  or  the  attorney  in  fact  of  an  applicant,  upon  filing  a  proper 
power  of  attorney.  As  the  value  of  patents  depends  largely  upon  the 
careful  preparation  of  the  specifications  and  claims,  the  assistance  of 
competent  counsel  will,  in  most  cases,  be  of  advantage  to  the  applicant ; 
but  the  value  of  their  services  will  be  proportionate  to  their  skill  and 
honesty,  and  too  much  care  can  not  be  exercised  in  their  selection  The 
office  can  not  assume  responsibility  for  the  acts  of  attorneys,  noi  can  it 
assist  applicants  in  making  selections.  It  will,  however,  be  unsafe  to 
trust  those  who  pretend  to  the  possession  of  superior  facilities  or  capacity 
and  diligence  for  procuring  patents  in  a  shorter  time  or  with  broader 
claims  than  others. 

Before  any  attorney,  original  or  associate,  will  be  allowed  to  inspect 
papers  or  take  action  of  any  kind  his  power  of  attorney  must  be  filed. 
No  power  of  attorney  purporting  to  have  been  given  to  a  firm  or  co¬ 
partnership  will  be  recognized,  either  in  favor  of  the  firm  or  of  any  of 
its  members,  unless  all  its  members  shall  be  named  in  such  power 
of  attorney. 

Who  may  Obtain  a  Patent 

A  patent  may  be  obtained  by  any  person  who  has  invented  or  dis¬ 
covered  any  new  and  useful  art,  machine,  manufacture,  or  composition 
of  matter,  or  any  new  and  useful  improvement  thereof,  not  known  or 
used  by  others  in  this  country,  and  not  patented  or  described  in  any 
printed  publication  in  this  or  any  foreign  country,  before  his  invention 
or  discovery  thereof,  and  not  in  public  use  or  on  sale  for  more  than  two 
years  prior  to  his  application,  unless  the  same  is  proved  to  have  been 
abandoned;  and  by  any  person  who  by  his  own  industry,  genius. 


232 


HOW  TO  BE  YOUR  OWN  LAWYER. 


efforts,  and  expense,  has  invented  and  produced  any  new  and  origina 
design  for  a  manufacture,  bust,  statue,  alto-relievo,  or  bas-relief  ;  an}1 
new  and  original  design  for  the  printing  of  woolen,  silk,  cotton,  or 
other  fabrics  ;  any  new  and  original  impression,  ornament,  pattern, 
print,  or  picture  to  be  printed,  painted,  cast,  or  otherwise  placed  on  or 
worked  into  any  article  of  manufacture;  or  any  new,  useful,  and 
original  shape  or  configuration  of  any  article  of  manufacture,  the  same 
ant  having  been  known  nor  used  by  others  before  his  invention  or  pro¬ 
duction  thereof,  nor  patented  nor  described  in  any  printed  publication, 
upon  payment  of  the  fees  required  by  law  and  other  due  proceedings 
had. 

In  case  of  the  death  of  the  inventor,  the  application  may  be  made  by, 
and  the  patent  will  issue  to,  his  executor  or  administrator.  In  such  case 
the  oath  will  be  made  by  the  executor  or  administrator. 

In  case  of  an  assignment  of  the  whole  interest  in  the  invention  or  of  the 
whole  interest  in  the  patent  to  be  granted,  the  patent  will,  upon  request 
of  the  applicant  or  assignee,  issue  to  the  assignee ;  and  if  the  assignee 
hold  an  undivided  part  interest,  the  patent  will,  upon  like  request,  issue 
jointly  to  the  inventor  and  the  assignee  ;  but  the  assignment  in  either 
case  must  first  have  been  entered  of  record,  and  at  a  day  not  later  than 
the  date  of  the  payment  of  the  final  fee.  The  application  and  oath  must 
be  made  by  the  actual  inventor,  if  alive,  even  if  the  patent  is  to  issue  to 
an  assignee.  If  the  inventor  be  dead  it  may  be  made  by  the  executor  or 
administrator,  or  by  the  assignee  of  the  entire  interest. 

If  it  appear  that  the  inventor,  at  the  time  of  making  his  application, 
believed  himself  to  be  the  first  inventor  or  discoverer,  a  patent  will  not 
be  refused  on  account  of  the  invention  or  discovery,  or  any  part  thereof, 
having  been  known  or  used  in  any  foreign  country  before  his  invention 
or  discovery  thereof,  if  it  had  not  been  before  patented  or  described  in 
any  printed  publication. 

Joint  inventors  are  entitled  to  a  joint  patent ;  neither  can  claim  one 
separately.  Independent  inventors  of  distinct  and  independent  improve¬ 
ments  in  the  same  machine  can  not  obtain  a  joint  patent  for  their  separate 
inventions  ;  nor  does  the  fact  that  one  furnishes  the  capital  and  another 
makes  the  invention  entitle  them  to  make  application  as  joint  inventors  ; 
but  in  such  case  they  may  become  joint  patentees,  upon  the  conditions. 

The  receipt  of  letters  patent  from  a  foreign  government  will  not  pre¬ 
vent  the  inventor  from  obtaining  a  patent  in  the  United  States  unless  the 
invention  shall  have  been  introduced  into  public  use  in  the  United  States 
m  jre  than  two  years  prior  to  the  application.  But  every  patent  granted 
for  an  invention  which  has  been  previously  patented  by  the  same  inventor 
in  a  foreign  country  will  be  so  limited  as  to  expire  at  the  same  time  with 
the  foreign  patent,  or,  if  there  be  more  than  one,  at  the  same  time  with 
the  one  having  the  shortest  unexpired  term  ;  but  in  no  case  will  it  be  in 
force  more  than  seventeen  years. 

The  Application. 

Applications  for  letters  patent  of  the  United  States  must  be  made  to 
the  Commissioner  of  Patents.  A  complete  application  comprises  the 


HOW  TO  BE  YOUR  OWN  LAWYER. 


283 


petition,  specification,  oath,  and  drawings,  and  the  model  or  specimen 
when  required  and  first  fee  of  $15.  The  petition,  specification,  and  oath 
must  be  written  in  the  English  language. 

No  application  for  a  patent  will  be  placed  upon  the  files  for  examina¬ 
tion  until  all  its  parts,  except  the  model  or  specimen,  are  received.  Ever, 
application  signed  or  sworn  to  in  blank,  or  without  actual  inspection  ol 
the  petition  and  specification,  or  altered  or  partly  filled  up  after  being 
signed  or  sworn  to,  will,  upon  the  discovery  of  such  irregularity,  at  any 
time  before  the  delivery  of  the  patent,  be  stricken  from  the  files.  The 
completed  applications  of  each  year  will  be  numbered  in  regular  order, 
the  annual  series  commencing  on  the  1st  of  January,  1880.  The  appli¬ 
cant  will  be  promptly  informed  of  the  serial  number  of  his  completed 
application.  The  application  must  be  completed  and  prepared  for  ex¬ 
amination  within  two  years  after  the  filing  of  the  petition  ;  and  in  de¬ 
fault  thereof,  or  upon  failure  of  the  applicant  to  prosecute  the  same 
within  two  years  after  any  action  thereon,  of  which  notice  shall  have 
been  duly  mailed  to  him  or  his  agent,  it  will  be  regarded  as  abandoned, 
unless  it  shall  be  shown,  to  the  satisfaction  of  the  Commissioner,  that  such 
delay  was  unavoidable. 

It  is  desirable  that  all  parts  of  the  complete  application  should  be  de¬ 
posited  in  the  office  at  the  same  time,  and  that  all  the  papers  embraced  in 
the  application  should  be  attached  together  ;  otherwise  a  letter  must  ac¬ 
company  each  part,  accurately  and  clearly  connecting  it  with  the  other 
parts  of  the  application. 

The  Petition. 

The  petition  is  a  communication  duly  signed  by  the  applicant  and  ad¬ 
dressed  to  the  Commissioner  of  Patents,  stating  the  name  and  residence 
of  the  petitioner,  and  requesting  the  grant  of  a  patent  for  the  invention 
therein  designated  by  name,  with  a  reference  to  the  specification  for  a  full 
disclosure  thereof. 

The  Specification. 

The  specification  is  a  written  description  of  the  invention  or  discovery, 
and  of  the  manner  and  process  of  making,  constructing,  compounding, 
and  using  the  same,  and  is  required  to  be  in  such  full,  clear,  concise,  and 
exact  terms  as  to  enable  any  person  skilled  in  the  art  or  science  to  which 
it  appertains,  or  with  which  it  is  most  nearly  connected,  to  make,  con¬ 
struct,  compound,  and  use  the  same.  It  must  conclude  with  a  specific 
and  distinct  claim  or  claims  of  the  part,  improvement,  or  combination 
which  the  applicant  regards  as  his  invention  or  discovery. 

The  following  order  of  arrangement  should  be  observed  when  con¬ 
venient  in  framing  the  specification,  such  portions  as  refer  to  drawings 
being  omitted  when  the  invention  does  not  admit  of  representations  by 
drawings  : 

(1.)  Preamble,  giving  the  name  and  residence  of  the  applicant,  and  the 
title  of  the  invention. 

(2.)  General  statement  of  the  object  and  nature  of  the  invention. 

(3.)  Brief  description  of  the  drawings,  showing  what  each  view  re  pro* 
sents. 


284 


HOW  TO  EE  YOUR  OWN  LAWYER. 


(4.)  Detailed  description,  explaining  fully  the  alleged  invention,  and 
the  manner  of  constructing,  practicing,  operating,  and  using  it. 

(5.)  Claim  or  claims. 

(6.)  Signature  of  inventor. 

(7.)  Signatures  of  two  witnesses. 

The  detailed  description  above  referred  to  must  set  forth  the  precise 
invention  for  which  a  patent  is  claimed,  explaining  the  principle  thereof 
and  the  best  mode  in  which  the  applicant  has  contemplated  applying  that 
principle,  so  as  to  distinguish  it  from  other  inventions. 

Where  there  are  drawings  the  description  will  refer  by  figures  to  the 
diiferent  views,  and  by  letters  or  figures  to  the  different  parts. 

In  applications  for  patents  upon  mere  improvements,  the  specification 
must  particularly  point  out  the  parts  to  which  the  improvement  relates, 
and  must  by  explicit  language  distinguish  between  what  is  old  and  what 
is  claimed  as  the  improvement ;  and  in  such  cases  the  description  and 
the  drawings,  as  well  as  the  claims,  should  be  confined  to  the  specific  im¬ 
provements  and  such  parts  as  necessarily  co-operate  with  them. 

In  every  original  application  the  applicant  must  distinctly  state,  under 
oath,  whether  the  invention  has  been  patented  to  himself  or  to  others 
with  his  consent  or  knowledge  in  any  country,  and  if  it  has  been,  the 
country  or  countries  in  which  it  has  been  so  patented,  giving  the  date 
and  number  of  each  patent,  and  that  it  has  not  been  patented  in  any  other 
country  or  countries  than  those  mentioned,  and  that,  according  to  his 
knowledge  and  belief,  the  same  has  not  been  in  public  use  in  the  United 
States  for  more  than  two  years  prior  to  the  application  in  this  country. 

Two  or  more  independent  inventions  can  not  be  claimed  in  one  applica¬ 
tion  ;  but  where  several  distinct  inventions  are  dependent  upon  each 
other  and  mutually  contribute  to  produce  a  single  result,  they  may  be 
claimed  in  one  application. 

If  several  inventions,  claimed  in  a  single  application,  shall  be  found  to 
be  of  such  a  nature  that  a  single  patent  may  not  be  issued  to  cover  them, 
the  inventor  will  be  required  to  limit  the  description  and  claim  of  the 
pending  application  to  whichever  invention  he  may  elect ;  the  other  in¬ 
ventions  may  be  made  the  subjects  of  separate  applications,  which  must 
conform  to  the  rules  applicable  to  original  applications.  If  the  independ¬ 
ence  of  the  inventions  be  clear,  such  limitation  will  be  made  before  any 
action  upon  the  merits  ;  otherwise  it  may  be  made  at  any  time  before 
final  action  thereon,  in  the  discretion  of  the  examiner. 

When  an  applicant  makes  two  or  more  applications  relating  to  the 
same  subject-matter  of  invention,  all  showing,  but  only  one  claiming, 
the  same  thing,  those  not  claiming  it  must  contain  disclaimers  thereof, 
with  references  to  the  application  claiming  it. 

The  specification  must  be  signed  by  the  inventor  or  by  his  executor  or 
administrator,  and  the  signature  must  be  attested  by  two  witnesses.  Full 
names  must  be  given,  and  all  names,  whether  of  applicants  or  witnesses, 
must  be  legibly  written. 

The  specification  and  claims  and  all  amendments  must  be  written  in  a 
fair,  legible  hand,  on  but  one  side  of  the  paper,  otherwise  the  office  may 
require  them  to  be  printed ;  and  all  interlineations  and  erasures  must  be 
clearly  marked  in  marginal  or  foot-notes  written  on  the  same  sheet  of 


HOW  TO  BE  YOUR  OWN  LAWYER. 


2S5 


paper.  Legal-cap  paper  with  the  lines  numbered  is  deemed  pieferable, 
and  a  wide  margin  must  always  be  reserved  upon  the  left-hand  side  oi 
the  page,  both  of  the  specification  and  of  the  amendments. 

The  Oath. 

The  applicant,  if  the  inventor,  must  make  oath  or  affirmation  that  lie 
docs  verily  believe  himself  to  be  the  original  and  first  inventor  or  discov¬ 
erer  of  the  art,  machine,  manufacture,  composition,  or  improvement  for 
which  he  solicits  a  patent,  and  that  he  does  not  know  and  does  not  believe 
that  the  same  was  ever  before  known  or  used  ;  and  shall  state  of  what 
country  he  is  a  citizen,  and  where  he  resides.  An  applicant  for  reissue 
must  also,  on  his  oath,  state  that  he  verily  believes  the  original  patent  to 
be  inoperative  or  invalid,  either  by  reason  of  a  defective  or  insufficient 
specification  or  by  reason  of  the  patentee  claiming  as  his  own  inven¬ 
tion  or  discovery  more  than  he  had  a  right  to  claim  is  new,  and  that  the 
error  arose  by  inadvertence,  accident,  or  mistake,  and  without  any  fraud¬ 
ulent  or  deceptive  intention. 

If  the  application  be  made  by  an  executor  or  administrator,  the  form 
of  the  oath  will  be  correspondingly  changed.  The  oath  or  affirmation 
may  be  made  before  any  person  within  the  United  States  authorized  by 
law  to  administer  oaths,  or,  when  the  applicant  resides  in  a  foreign  coun¬ 
try,  before  any  minister,  charge  d'affaires ,  consul,  or  commercial  agent 
holding  commission  under  the  government  of  the  United  States,  or  be¬ 
fore  any  notary  public  of  the  foreign  country  in  which  the  applicant  may 
be,  the  oath  being  attested  in  all  cases,  in  this  and  other  countries,  by  the 
proper  official  seal  of  the  officer  before  whom  the  oath  or  affirmation  is 
made.  When  the  person  before  whom  the  oath  or  affirmation  is  made  is 
not  provided  with  a  seal  his  official  character  shall  be  established  by  com¬ 
petent  evidence,  as  by  a  certificate  from  a  clerk  of  a  court  of  record  or 
other  proper  officer  having  a  seal. 

In  case  the  applicant  seeks  by  amendment  to  introduce  any  claim  not 
substantially  embraced  in  the  statement,  or  invention,  or  claim  originally 
presented,  and  therefore  not  covered  by  the  original  oath,  he  will  be  re¬ 
quired  to  file  a  supplemental  oath  to  the  effect  that  the  subject-matter  of 
the  proposed  amendment  was  part  of  his  invention  and  was  invented  be¬ 
fore  he  filed  his  original  application  ;  and  such  supplemental  oath  must 
be  upon  the  same  paper  which  contains  the  proposed  amendment. 

The  Drawings. 

The  applicant  for  a  patent  is  required  by  law  to  furnish  a  drawing  of 
his  invention  where  the  nature  of  the  case  admits  of  it. 

The  drawing  must  be  signed  by  the  inventor  or  by  his  attorney  in  fact, 
and  attested  by  two  witnesses,  and  must  show  every  feature  of  the  in¬ 
vention  covered  by  the  claims,  and  when  the  invention  consists  of  an  im¬ 
provement  on  an  old  machine,  it  must  exhibit,  in  one  or  more  views,  the 
invention  itself,  disconnected  from  the  old  structure,  and  also,  in  anothei 
view,  so  much  only  of  the  old  structure  as  will  suffice  to  show  the  con¬ 
nection  of  the  invention  therewith. 


286 


HOW  TO  BE  TOUR  OWN  LAWYER. 


Three  several  editions  of  patent-drawings  are  printed  and  published 
one  for  office  use,  certified  copies,  etc.,  of  the  size  and  character  of  those 
attached  to  patents,  the  work  being  about  6  by  inches  ;  one  reduced 
to  half  that  scale,  or  one-fourth  the  surface,  of  which  four  will  ba 
printed  on  a  page  to  illustrate  the  volumes  distributed  to  the  courts  ;  and 
one  reduction— to  about  the  same  scale — of  a  selected  portion  of  each 
drawing  to  illustrate  the  Official  Gazette. 

This  work  will  all  be  done  by  the  photolithographic  or  other  analogous 
process,  and  therefore  the  character  of  each  original  drawing  must  be 
brought  as  nearly  as  possible  to  a  uniform  standard  of  excellence,  suited 
to  the  requirements  of  the  process,  and  calculated  to  give  the  best  results, 
in  the  interests  of  inventors,  of  the  office,  and  of  the  public  generally. 
The  following  rules  will  therefore  be  rigidly  enforced,  and  any  departure 
from  them  will  be  certain  to  cause  delay  in  the  examination  of  an  appli¬ 
cation  for  letters  patent : 

(1.)  Drawings  must  be  made  upon  pure  white  paper  of  a  thickness 
corresponding  to  three-sheet  Bristol-board.  The  surface  of  the  paper 
must  be  calendered  and  smooth.  India  ink  alone  must  be  used,  to  secure 
perfectly  black  and  solid  lines. 

(2.)  The  size  of  a  sheet  on  which  a  drawing  is  made  must  be  exactly 
10  by  15  inches.  One  inch  from  its  edges  a  single  marginal  line  is  to  be 
drawn,  leaving  the  “  sight  ”  precisely  8  by  13  inches.  Within  this  mar¬ 
gin  all  work  and  signatures  must  be  included.  One  of  the  shorter  sides 
of  the  sheet  is  regarded  as  its  top,  and,  measuring  downward  from  the 
marginal  line,  a  space  of  not  less  than  1£  inches  is  to  be  left  blank  for  the 
heading  of  title,  name,  number,  and  date. 

(3.)  All  drawings  must  be  made  with  the  pen  only.  Every  line  and 
letter  (signatures  included)  must  be  absolutely  black.  This  direction  ap¬ 
plies  to  all  lines,  however  fine,  to  shading,  and  to  lines  representing  cut 
surfaces  in  sectional  views.  All  lines  must  be  clean,  sharp,  and  solid, 
and  they  must  not  be  too  fine  or  crowded.  Surface  shading,  when  used, 
should  be  open.  Sectional  shading  should  be  made  by  oblique  parallel 
lines,  which  may  be  about  one-twentieth  of  an  inch  ap^rt. 

(4.)  Drawings  should  be  made  with  the  fewest  lines  possible,  consist¬ 
ent  with  clearness.  By  the  observance  of  this  rule  the  etfectiveness  of 
the  work  after  reduction  will  be  much  increased.  Shading  (except  on 
sectional  views)  should  be  used  only  on  convex  and  concave  surfaces, 
where  it  should  be  used  sparingly,  and  may  even  there  be  dispensed  with 
if  the  drawing  is  otherwise  well  executed.  The  plane  upon  which  a  sec¬ 
tional  view  is  taken  should  be  indicated  on  the  general  view  by  a  broken 
or  dotted  line.  Heavy  lines  on  the  shade  sides  of  objects  should  be  used, 
except  where  they  tend  to  thicken  the  work  and  obscure  letters  of  refer¬ 
ence.  The  light  is  always  supposed  to  come  from  the  upper  left-hand 
coj  nei  at  an  angle  of  forty -five  degrees.  Imitations  of  wood  or  surface- 
graining  should  not  be  attempted. 

(5.)  The  scale  to  which  a  drawing  is  made  ought  to  be  large  enough  to 
show  the  mechanism  without  crowding,  and  two  or  more  sheets  should 
be  used  if  one  does  not  give  sufficient  room  to  accomplish  this  end  ;  but 
the  number  of  sheets  must  never  be  increased  unless  it  is  absolutely  nec 
essary. 


HOW  TO  BE  YOUR  OWN  LAWYER, 


287 


(6.)  Letters  and  figures  of  reference  must  be  carefully  formed.  They 
should,  if  possible,  measure  at  least  one-eighth  of  an  inch  in  height,  so 
that  they  may  bear  reduction  to  one  twenty-fourth  of  an  inch  ;  and  they 
may  be  much  larger  when  there  is  sufficient  room.  They  must  be  so 
placed  in  the  close  and  complex  parts  of  drawings  as  not  to  interfere 
with  a  thorough  comprehension  of  the  same,  and  therefore  should  rarely 
cross  or  mingle  with  the  lines.  When  necessarily  grouped  around  a  cer¬ 
tain  part,  they  should  be  placed  at  a  little  distance,  where  there  is  avail¬ 
able  space,  and  connected  by  short  broken  lines  with  the  parts  to  which 
they  refer.  They  must  never  appear  upon  shaded  surfaces,  and,  when 
it  is  difficult  to  avoid  this,  a  blank  space  must  be  left  in  the  shading 
where  the  letter  occurs,  so  that  it  shall  appear  perfectly  distinct  and  sep¬ 
arate  from  the  work.  If  the  same  part  of  an  invention  appear  in  more 
than  one  view  of  the  drawing,  it  must  always  be  represented  by  the 
same  character,  and  the  same  character  must  never  be  used  to  designate 
different  parts. 

(7.)  The  signature  of  the  inventor  is  to  be  placed  at  the  lower  right- 
hand  corner  of  the  sheet,  and  the  signatures  of  the  witnesses  at  the  lower 
left-hand  corner,  all  within  the  marginal  line.  The  title  is  to  be  written 
with  pencil  on  the  back  of  the  sheet.  The  permanent  names  and  title 
will  be  supplied  subsequently  by  the  office  in  uniform  style. 

When  views  are  longer  than  the  width  of  the  sheet,  the  sheet  is  to  be 
turned  on  its  side,  and  the  heading  will  be  placed  at  the  right,  and  the 
signatures  at  the  left,  occupying  the  same  space  and  position  as  in  the 
upright  views,  and  being  horizontal  when  the  sheet  is  held  in  an  upright 
position  ;  and  all  views  on  the  same  sheet  must  stand  in  the  same  direc¬ 
tion. 

(8.)  As  a  rule,  one  view  only  of  each  invention  can  be  shown  in  the 
Gazette  illustrations.  The  selection  of  that  portion  of  a  drawing  best 
calculated  to  explain  the  nature  of  the  specific  improvement  would  be 
facilitated,  and  the  final  result  improved,  by  the  judicious  execution  of 
a  figure  with  express  reference  to  the  Gazette,  but  which  might,  at  the 
same  time,  serve  as  one  of  the  figures  referred  to  in  the  specification. 
For  this  purpose,  the  figure  may  be  a  plan,  elevation,  section,  or  perspec¬ 
tive  view,  according  to  the  judgment  of  the  draughtsman.  It  must  not 
cover  a  space  exceeding  sixteen  square  inches.  All  its  parts  should  be 
especially  open  and  distinct,  with  very  little  or  no  shading,  and  it  must 
illustrate  the  invention  claimed  only,  to  the  exclusion  of  all  other  details. 
When  well  executed,  it  will  be  used  without  curtailment  or  change  ;  but 
any  excessive  fineness,  or  crowding,  or  unnecessary  elaborateness  of  de¬ 
tail,  will  necessitate  its  exclusion  from  the  Gazette. 

(9.)  Drawings  should  be  rolled  for  transmission  to  the  office,  not  fold¬ 
ed.  No  agent’s  or  attorney’s  stamp,  or  advertisement,  or  written  ad¬ 
dress,  will  be  permitted  upon  the  face  of  a  drawing  within  or  without 
the  marginal  line. 

All  reissue  applications  must  be  accompanied  by  new  drawings,  of  the 
character  required  in  orginal  applications,  and  the  inventor’s  name  must 
appear  upon  the  same  in  all  cases  of  patents  granted  or  assigned  since 
July  8,  1870  ;  and  such  drawings,  if  the  original  application  was  filed 
after  July  8,  1870,  shall  be  made  upon  the  same  scale  as  the  origiua] 


288 


HOW  TO  BE  YOUR  OWN  LAWYER. 


drawing  or  upon  a  larger  scale,  unless  a  reduction  of  scale  shall  be  au¬ 
thorized  by  the  Commissioner. 

The  foregoing  rules  relating  to  drawings  will  be  rigidly  enforced ;  and 
every  drawing  not  artistically  executed  in  conformity  therewith  will  be 
returned  to  the  applicant ;  or,  at  the  applicant's  option  and  cost,  the  office 
will  make  the  necessary  corrections. 

Applicants  are  advised  to  employ  competent  artists  to  make  their 
drawings.  The  office  will  furnish  the  drawings  at  cost,  as  promptly  as 
its  draughtsmen  can  make  them,  for  applicants  who  can  not  otherwise 
conveniently  procure  them. 

The  Model. 

Preliminary  examinations  will  not  be  made  for  the  purpose  of  deter¬ 
mining  whether  models  are  required  in  particular  cases.  Applications 
complete  in  all  other  respects  will  be  sent  to  the  examining  divisions, 
whether  models  are  or  are  not  furnished.  A  model  will  not  be  required 
or  admitted  as  a  part  of  the  application  until,  on  examination  of  the  case 
in  its  regular  order,  the  primary  examiner  shall  find  it  to  be  necessary, 
or  useful,  and  shall  file  a  written  certificate  to  that  effect,  which  will 
constitute  an  official  action  in  the  case.  Models  not  required  nor  admit¬ 
ted,  if  already  filed,  will  be  returned  to  the  applicants.  When  a  model 
shall  be  required  the  examination  will  be  suspended  until  it  shall  be  filed. 
From  a  decision  of  the  primary  examiner  overruling  a  motion  to  dis¬ 
pense  with  a  model,  an  appeal  may  be  taken  to  the  Commissioner  in 
person. 

The  model  must  clearly  exhibit  every  feature  of  the  machine  which 
forms  the  subject  of  a  claim  of  invention,  but  should  not  include  other 
matter  than  that  covered  by  the  actual  invention  or  improvement,  unless 
it  is  necessary  to  the  exhibition  of  the  invention  in  a  working  model. 

The  model  must  be  neatly  and  substantially  made,  of  durable  material, 
metal  being  deemed  preferable  ;  but  when  a  material  forms  an  essential 
feature  of  the  invention,  the  model  will  be  constructed  of  that  material. 
The  model  must  not  be  more  than  one  foot  in  length,  width,  or  height, 
except  in  cases  in  which  the  Commissioner  shall  admit  working  models 
of  complicated  machines  of  larger  dimensions.  If  made  of  wood,  it 
must  be  painted  or  varnished.  Glue  must  not  be  used  ;  but  the  parts 
should  be  so  connected  as  to  resist  the  action  of  heat  or  moisture.  Where 
practicable,  to  prevent  loss,  the  model  or  specimen  should  have  the  name 
of  the  inventor  permanently  fixed  thereon.  In  cases  where  models  are 
not  made  strong  and  substantial,  as  here  directed,  the  application  will  not 
be  examined  until  a  proper  model  is  furnished. 

A  working  model  is  often  desirable,  in  order  to  enable  the  office  fully 
and  readily  to  understand  the  precise  operation  of  the  machine. 

In  cases  where  an  application  has  been  rejected  more  than  two  years, 
the  model,  unless  it  is  deemed  necessary  that  it  should  be  preserved  in 
the  office,  may  be  returned  to  the  applicant  upon  demand,  and  at  his  ex¬ 
pense  ;  and  the  model,  in  any  pending  case  of  less  than  two  years’  stand¬ 
ing,  may  be  returned  to  the  applicant  upon  the  filing  of  a  formal  aban¬ 
donment  of  the  application,  signed  by  the  applicant  in  person.  Models 
belonging  to  patented  cases  will  not  be  taken  from  the  office  except  in 


HOW  TO  BE  YOUR  OWN  LAWYER. 


289 


the  custody  of  some  sworn  employe  of  the  office  specially  authorized  by 
the  Commissioner,  with  the  written  approval  of  the  Secretary  of  the  In 
terior. 

Models  filed  as  exhibits  in  contested  cases  may  be  returned  to  the  ap¬ 
plicant.  If  not  claimed  within  a  reasonable  time  they  may  be  disposed 
of  at  the  discretion  of  the  Commissioner. 

Specimens. 

When  the  invention  or  discovery  is  a  composition  of  matter,  the  appli¬ 
cant,  if  required  by  the  Commissioner,  shall  furnish  specimens  of  the 
composition,  and  of  its  ingredients,  sufficient  in  quantity  for  the  purpose 
of  experiment.  In  ail  cases  where  the  article  is  not  perishable,  a  speci¬ 
men  of  the  composition  claimed,  put  up  in  proper  form  to  be  preserved 
by  the  office,  must  be  furnished. 

The  Examination. 

All  cases  in  the  patent  office  are  classified  and  taken  up  for  examina¬ 
tion  in  regular  order,  those  in  the  same  class  being  examined  and  disposed 
of,  as  far  as  practicable,  in  the  order  in  which  the  respective  applications 
are  completed.  When,  however,  the  invention  is  deemed  of  peculiar 
importance  to  some  branch  of  the  public  service,  ancL  when,  for  that 
reason,  the  head  of  some  department  of  the  Government  specially  re¬ 
quests  immediate  action,  the  case  will  be  taken  up  out  of  its  order. 

Rejections  and  References. 

Whenever,  on  examination,  any  claim  of  an  application  is  rejected  for 
any  reason  whatever,  the  applicant  will  be  notified  thereof,  and  die  reason 
for  such  rejection  will  be  fully  and  precisely  stated,  and  such  informa¬ 
tion  and  references  will  be  given  as  may  be  useful  in  judging  of  the  pro¬ 
priety  of  prosecuting  his  application,  or  of  altering  his  specification  ; 
and  if,  after  receiving  such  notice,  he  shall  persist  in  his  claim,  with  or 
without  altering  his  specification,  the  case  will  be  re-examined.  If  upon 
re-examination  it  shall  be  again  rejected,  the  reasons  therefor  will  be  fully 
and  precisely  stated. 

Whenever,  in  the  treatment  of  an  ex  parte  application,  an  adverse  de- 
cis  on  is  made  upon  any  preliminary  or  intermediate  question,  without 
tb  i  rejection  of  any  claim,  notice  thereof,  together  with  the  reasons 
therefor,  will  be  given  to  the  applicant,  in  order  that  he  may  judge  of  the 
propriety  of  the  action.  If,  after  receiving  such  notice,  lie  traverse  the 
propriety  of  the  action,  the  matter  will  be  reconsidered. 

Amendments  and  Actions  by  Applicants. 

The  applicant  has  a  right  to  amend  before  or  after  the  first  rejection  ; 
and  he  may  amend  as  often  as  the  examiner  presents  any  new  references 
or  reasons  for  rejection.  In  so  amending,  the  applicant  must  clearly  point 
out  all  of  the  patentable  novelty  which  he  thinks  the  case  presents,  in 

13 


290 


HOW  TO  BE  YOUR  OWN  LAWYER. 


view  of  the  state  of  the  art  disclosed  by  the  references  cited  or  objections 
made.  lie  must  also  show  how  the  amendments  avoid  such  references 
i  *r  objections.  After  such  action  on  all  the  claims  as  shall  entitle  the  ap¬ 
plicant  to  an  appeal  to  the  board  of  examiners-in-chief,  amendments 
will  not  ordinarily  be  allowed.  If  such  amendments  are  offered,  good 
and  sufficient  cause  therefor  must  be  shown,  together  with  the  reasons 
why  they  were  not  earlier  presented  ;  and,  if  satisfied  on  these  points,  the 
examiner  may  admit  and  consider  them.  If  the  examiner  shall  refuse  to 
admit  and  consider  such  amendments,  an  appeal  will  lie  to  the  Commis¬ 
sioner,  as  in  other  cases. 

In  order  to  be  entitled  to  reconsideration,  the  applicant  must  make  re¬ 
quest  therefor  in  writing,  and  he  must  distinctly  and  specifically  point 
out  the  supposed  errors  of  the  examiner’s  action.  The  mere  allegation 
that  the  examiner  has  erred  will  not  be  received  as  a  proper  reason  for 
such  reconsideration. 

In  original  applications,  which  are  capable  of  illustration  by  drawing 
or  model,  all  the  amendments  of  the  model,  drawings,  or  specification  or 
of  additions  thereto  must  conform  to  at  least  one  of  them  as  they  were  at 
the  time  of  the  filing  of  the  application.  Matter  not  found  in  either,  in¬ 
volving  a  departure  from  the  original  invention,  can  be  shown  or  claimed 
only  as  a  separate  application.  If  the  invention  does  not  admit  of  illus¬ 
tration  by  drawing  or  model,  amendment  of  the  specification  is  permitted 
upon  proof  satisfactory  to  the  Commissioner  that  the  matter  covered  by 
the  proposed  amendment  was  a  part  of  the  original  invention. 

The  specification  must  be  amended  and  revised,  when  required,  for 
the  purpose  of  correcting  inaccuracies  of  description  or  unnecessary  pro¬ 
lixity,  and  of  securing  correspondence  between  the  claim  and  the  other 
parts  of  the  specifications. 

After  the  completion  of  the  application  the  office  will  not  return  the 
specification  for  any  purpose  whatever.  Models  or  drawings  (but  not 
both  at  the  same  time)  may  be  withdrawn  for  correction.  If  applicants 
have  not  preserved  copies  of  such  papers  as  they  wish  to  amend,  the 
office  will  furnish  them  on  the  usual  terms. 

Designs. 

Patent  for  a  design  m^y  be  granted  to  any  person,  whether  citizen  or 
alien,  upon  payment  of  the  duty  required  by  law,  and  other  due  proceed¬ 
ings  had,  as  in  other  cases  of  inventions  or  discoveries. 

Patents  for  designs  are  granted  for  the  term  of  three  and  onc-half 
years,  or  for  seven  years,  or  for  fourteen  years,  as  the  applicant  may,  in 
his  application,  elect. 

The  proceedings  in  applications  for  patents  for  designs  are  substantially 
the  same  as  in  applications  for  other  patents.  The  specification  must 
distinctly  point  out  the  characteristic  features  of  the  design,  and  carefully 
distinguish  between  what  is  old  and  what  is  believed  to  be  new.  The 
claims  also,  when  the  design  admits  of  it,  should  be  as  distinct  and  spe¬ 
cific  as  in  the  case  of  other  patents.  The  following  order  of  arrangement 
should  be  observed,  when  convenient,  in  framing  the  specification  : 

(1.)  Preamble  showing  name  and  residence  cf  the  applicant,  title  of 


HOW  TO  BE  TOUR  OWN  LAWYER.  291 

the  design,  and  the  name  of  the  article  for  which  the  design  has  been  in¬ 
vented. 

(2.)  Detailed  description  of  the  design  as  it  appears  in  the  drawing  ol 
photograph,  letters  or  figures  of  reference  being  used. 

(3.)  Claim  or  claims. 

(4. )  Signature  of  inventor. 

(5.)  Signatures  of  two  witnesses. 

When  the  design  can  be  sufficiently  represented  by  drawings  or  photo¬ 
graphs,  a  model  will  not  be  required. 

Whenever  a  photograph  or  an  engraving  is  employed  to  illustrate  the 
design  it  must  be  mounted  upon  Bristol-board,  10  by  15  inches  in  size, 
and  properly  signed  and  witnessed.  The  applicant  will  be  required  to 
furnish  ten  extra  copies  of  such  photograph  or  engraving  (not  mounted), 
of  a  size  not  exceeding  7-J-  inches  by  11.  Negatives  are  not  required. 

Whenever  the  design  is  represented  by  a  drawing  made  to  conform  to 
the  rules  laid  down  for  drawings  of  mechanical  inventions,  but  one  copy 
need  be  furnished.  Additional  copies  will  be  supplied  by  the  photolith¬ 
ographic  process  at  the  expense  of  the  patent  office. 

Reissues. 

A  reissue  is  granted  to  the  original  patentee,  his  legal  representatives, 
or  the  assignees  of  the  entire  interest,  when,  by  reason  of  a  defective  or 
insufficient  specification,  or  by  reason  of  the  patentee  claiming  as  his  in¬ 
vention  or  discovery  more  than  he  had  a  right  to  claim  as  new,  the  orig¬ 
inal  patent  is  inoperative  or  invalid,  provided  the  error  has  arisen  from 
inadvertence,  accidents,  or  mistake,  and  without  any  fraudulent  or  de¬ 
ceptive  intention.  In  the  cases  of  patents  issued  and  assigned  prior  to 
July  8,  1870,  the  applications  for  reissue  may  be  made  by  the  assignees  ; 
but  in  the  cases  of  patents  issued  or  assigned  since  that  date  the  applica¬ 
tions  must  be  made  and  the  specification  sworn  to  by  the  inventors,  if 
they  be  living. 

The  petition  for  a  reissue  must  be  accompanied  with  a  certified  copy 
of  the  abstract  of  title,  giving  the  names  of  all  assignees  owning  any  un¬ 
divided  interest  in  the  patent ;  and  in  case  the  application  is  made  by  the 
inventor,  it  must  be  accompanied  with  the  written  assent  of  such 
assignees. 

Applicants  will  be  required  to  file  with  their  petitions  for  reissue  : 

“1st.  A  statement  setting  forth  particularly  the  defects  or  insuffi¬ 
ciencies  in  the  specification  which  render  the  patent  inoperative  or 
invalid,  and  in  cases  where  more  was  claimed  and  allowed  than  the  ap¬ 
plicant  was  entitled  to  claim  as  new,  such  part  or  parts  must  be  distinct¬ 
ly  pointed  out. 

‘  ‘  2d.  In  such  statement  the  applicant  must  explain  how  such  errors 
arose,  in  order  that  the  question  of  inadvertence,  accident,  or  mistake 
may  be  determined. 

“3d.  The  statement  must  be  accompanied  with  the  oath  of  the  ap¬ 
plicant  that  said  errors  arose  without  any  fraudulent  or  deceptive  inten¬ 
tion. 

‘From  the  decision  of  the  examiner  holding  that  the  statement  on 


292 


HOW  TO  BE  YOUR  OWN  LAWYER. 


oath  is  insufficient,  an  appeal  may  be  taken  to  the  Commissioner  in 
person.” 

No  new  matter  shall  be  introduced  into  the  reissue  specification,  noi 
in  case  of  a  machine  shall  the  model  or  drawings  be  amended  except 
each  by  the  other  ;  but  when  there  is  neither  model  nor  drawing,  amend 
ments  may  be  made  upon  proof  satisfactory  to  the  Commissioner  that 
such  new  matter  or  amendment  was  a  part  of  the  original  invention, 
and  was  omitted  from  the  specification  by  inadvertence,  accident,  or 
mistake. 

The  Commissioner  may,  in  his  discretion,  cause  several  patents  to  be 
issued  for  distinct  and  separate  parts  of  the  thing  patented,  upon  demand 
of  the  applicant,  and  upon  payment  of  the  required  fee  for  each  division 
of  such  reissued  letters  patent.  Each  division  of  a  reissue  constitutes 
the  subject  of  a  separate  specification  descriptive  of  the  part  or  parts  of 
the  invention  claimed  in  such  division  ;  and  the  drawing  may  represent 
only  such  part  or  parts. 

Unless  it  shall  be  otherwise  ordered  by  the  Commissioner,  all  the 
divisions  of  a  reissue  will  issue  simultaneously  ;  if  there  be  controversy 
as  to  one,  the  others  will  be  withheld  from  issue  until  the  controversy  is 
ended,  unless  he  shall  otherwise  order. 

In  cases  of  application  for  reissue,  an  original  claim,  if  reproduced  in 
the  amended  specification,  is  subject  to  re-examination,  and  the  entire 
application  will  be  revised  and  restricted  in  the  same  manner  as  original 
applications. 

The  application  for  a  reissue  must  be  accompanied  by  a  surrender  of 
the  original  patent,  or,  if  that  is  lost,  by  an  affidavit  to  that  effect,  and  a 
certified  copy  of  the  patent ;  but  if  a  reissue  be  refused,  the  original 
patent  will,  upon  request,  be  returned  to  the  applicant. 

Matter  which  is  shown  and  described,  and  might  have  been  lawfully 
claimed,  in  an  unexpired  patent,  but  was  not  claimed  by  reason  of  a 
defect  or  insufficiency  in  the  specification,  arising  from  inadvertence, 
accident,  or  mistake,  and  without  fraud  or  deceptive  intent,  can  not  be 
subsequently  claimed  by  the  patentee  in  a  separate  patent,  but  only  in  a 
reissue  of  the  original  patent. 

Inlerferences. 

An  interference  is  a  proceeding  instituted  for  the  purpose  of  determin¬ 
ing  the  question  of  priority  of  invention  between  two  or  more  partise 
claiming  substantially  the  same  patentable  invention.  The  fact  that  one 
of  the  parties  has  already  obtained  a  patent  will  not  prevent  an  inter¬ 
ference  ;  for  although  the  Commissioner  has  no  power  to  cancel  a  patent, 
he  may  grant  a  patent  for  the  same  invention  to  another  person  who 
proves  to  be  the  prior  inventor. 

Interferences  will  be  declared  in  the  following  cases,  when  all  the 
parties  claim  substantially  the  same  patentable  invention  : 

(1.)  Between  two  or  more  original  applications. 

(2.)  Between  an  original  application  and  an  unexpired  patent,  when 
the  applicant,  having  been  rejected  on  the  patent,  shall  file  an  affidavit 
showing  that  he  made  the  invention  before  the  patentee’s  application  was 
filed. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


293 


(3.)  Between  an  original  application  and  an  application  for  the  reissue 
of  a  patent  granted  during  the  pendency  of  such  original  application. 

(4.)  Between  an  original  application  and  a  reissue  application,  when 
the  original  applicant  shall  file  an  affidavit  showing  that  he  made  the  in¬ 
vention  before  the  patentee’s  original  application  was  filed. 

(5.)  Between  two  or  more  applications  for  the  reissue  of  patents  grant¬ 
ed  on  applications  pending  at  the  same  time. 

(6.)  Between  two  or  more  applications  for  the  reissue  of  patents  grant¬ 
ed  on  applications  not  pending  at  the  same  time,  when  the  applicant  for 
reissue  of  the  later  patent  shall  file  an  affidavit  showing  that  he  made  the 
invention  before  the  application  on  which  the  earlier  patent  was  granted 
was  filed. 

(7.)  Between  a  reissue  application  and  an  unexpired  patent,  if  the  orig¬ 
inal  applications  were  pending  at  the  same  time,  and  the  reissue  applicant 
shall  file  an  affidavit  showing  that  he  made  the  invention  before  the  orig¬ 
inal  application  of  the  other  patentee  was  filed. 

(8.)  Between  an  application  for  reissue  of  a  later  unexpired  patent  and 
an  earlier  unexpired  patent  granted  before  the  original  application  of  the 
later  patent  was  filed,  if  the  reissue  applicant  shall  file  an  affidavit  show¬ 
ing  that  he  made  the  invention  before  the  original  application  of  the  ear¬ 
lier  patent  was  filled. 

Issue. 

If,  on  examination,  it  shall  appear  that  the  applicant  is  justly  entitled 
to  a  patent  under  the  law,  a  notice  of  allowance  will  be  sent  him,  calling 
for  the  payment  of  the  final  fee,  upon  the  receipt  of  which,  within  the 
time  fixed  by  law,  the  patent  will  be  prepared  for  issue. 

After  notice  of  the  allowance  of  an  application  is  given,  the  case  will 
not  be  withdrawn  from  issue  except  by  approval  of  the  Commissioner, 
and  if  withdrawn  for  further  action  on  the  part  of  the  office,  a  new  no¬ 
tice  of  allowance  will  be  given.  When  the  final  fee  has  been  paid  upon 
an  application  for  letters  patent,  and  the  case  has  received  its  date  and 
number,  it  will  not  be  withdrawn  or  suspended  from  issue  on  account  of 
any  mistake  or  change  of  purpose  of  the  applicant  or  his  attorney,  nor 
for  the  purpose  of  enabling  the  inventor  to  procure  a  foreign  patent,  nor 
for  any  other  reason  except  mistake  ou  the  part  of  this  office,  or  fraud, 
or  illegality  in  the  application,  or  for  interference. 

Dale,  Duration,  and  Form  of  Patents 

Every  patent  will  bear  date  as  of  a  day  not  later  than  six  months  from 
the  time  at  which  the  application  was  passed  and  allowed  and  notice 
thereof  was  mailed  to  the  applicant  or  his  agent,  if  within  that  period  the 
final  fee  be  paid  to  the  Commissioner  of  Patents,  or  if  it  be  paid  to  the 
Treasurer,  or  any  of  the  assistant  treasurers  or  designated  depositories  of 
the  United  States,  and  the  certificate  promptly  forwarded  to  the  Com¬ 
missioner  of  Patents  ;  and  if  the  final  fee  be  not  paid  within  that  period, 
the  patent  will  be  withheld. 

A  patent  will  not  be  antedated. 

Every  patent  will  contain  a  short  title  of  the  invention  or  discovery 


294 


HOW  TO  BE  YOUR  OWN  LAWYER. 


indicating  its  nature  and  object,  and  a  grant  to  the  patentee,  his  heirs  and 
assigns,  for  the  term  of  seventeen  years,  of  the  exclusive  right  to  make, 
use,  and  vend  the  invention  or  discovery  throughout  the  United  States 
and  Territories  thereof.  But  if  the  invention  shall  have  been  previously 
patented  abroad,  the  term  of  the  patent  will  expire  with  the  term  of  the 
foreign  patent.  The  duration  of  a  design  patent  may  be  for  the  term  of 
three  and  a  half,  seven,  or  fourteen  years.  A  copy  of  the  specification 
and  drawings  will  be  annexed  to  the  patent  and  form  part  thereof. 


Delivery. 

The  patent  will  be  delivered  or  mailed,  on  the  day  of  its  date,  to  the 
patentee,  unless  there  be  an  attorney  of  record,  in  which  case  it  will  be 
delivered  to  him  or  the  patentee,  as  the  attorney  may  request ;  but  it  will 
not,  without  a  special  request  to  that  effect,  be  delivered  to  an  associate 
or  substitute  attorney. 

Correct  ion  of  Errors  in  Letters  Patent 

Where  a  mistake,  incurred  through  the  fault  of  the  office,  is  clearly 
disclosed  by  the  records  or  files  of  the  office,  a  certificate,  showing  the 
fact  and  nature  of  such  mistake,  signed  by  the  Secretary  of  the  Interior, 
countersigned  by  the  Commissioner  of  Patents,  and  sealed  with  the  seal 
of  the  patent  office,  will,  at  the  request  of  the  patentee  or  his  assignee,  be 
indorsed  without  charge  upon  the  letters  patent,  and  recorded  in  the 
records  of  patents,  and  a  printed  copy  thereof  attached  to  each  printed 
copy  of  the  specification  and  drawings. 

Where  a  mistake,  incurred  through  the  fault  of  the  office,  constitutes 
a  sufficient  legal  ground  for  a  reissue,  such  reissue  will  be  made,  for  the 
correction  of  such  mistake  only,  without  charge  of  office  fees,  at  the  re¬ 
quest  of  the  patentee. 

Mistakes  not  incurred  through  the  fault  of  the  office,  and  not  afford¬ 
ing  legal  grounds  for  reissues,  will  not  be  corrected  after  the  delivery  of 
the  letters  patent  to  the  patentee  or  his  agent. 

No  changes  or  corrections  will  be  made  in  letters  patent  after  the  de¬ 
livery  thereof  to  the  patentee  or  his  agent,  except  as  above  provided. 

Abandoned,  Forfeited,  and  Renewed  Applications. 

An  abandoned  application  is  one  which  has  not  been  completed  and 
prepared  for  examination  within  two  years  after  the  filing  of  the  peti¬ 
tion,  or  which  the  applicant  has  failed  to  prosecute  within  two  years 
after  any  action  therein,  of  which  notice  has  been  duly  given  or  which 
the  applicant  has  expressly  abandoned  by  filing,  in  the  office,  a  written 
declaration  of  abandonment,  signed  by  himself,  identifying  his  applica 
tion  by  title  of  invention  and  date  of  filing. 

Prosecution  of  an  application,  to  save  it  from  abandonment,  must  in 
elude  such  proper  action  as  the  condition  of  the  case  may  require. 

Before  an  application  abandoned  by  failure  to  complete  or  prosecuU 


HOW  TO  BE  YOUR  OWN  LAWYER. 


295 


can  be  renewed,  it  must  be  shown  to  the  satisfaction  of  the  Commissioner 
that  the  delay  in  the  prosecution  of  the  same  was  unavoidable. 

When  a  new  application  is  filed  in  place  of  an  abandoned  or  rejected 
application,  a  new  specification,  oath,  drawing,  and  fee  will  be  required  ; 
but  the  old  model,  if  suitable,  may  be  used. 

A  forfeited  application  is  one  upon  which  a  patent  has  been  withheld 
for  failure  to  pay  the  final  fee  within  the  prescribed  time. 

Where  the  patent  has  been  withheld  by  reason  of  non-payment  of  the 
final  fee,  any  person,  whether  inventor  or  assignee,  who  has  an  interest 
in  the  invention  for  which  such  patent  was  ordered  to  issue,  may  file  a 
new  application  for  the  same  invention  ;  but  such  second  application 
must  be  made  within  two  years  after  the  allowance  of  the  original  ap¬ 
plication. 

Disclaimers. 

Whenever,  through  inadvertence,  accident,  or  mistake,  and  without 
any  fraudulent  or  deceptive  intention,  a  patentee  has  claimed  more  than 
that  of  which  he  was  the  original  or  first  inventor  or  discoverer,  his 
patent  shall  be  valid  for  all  that  part  which  is  truly  and  justly  his  own, 
provided  the  same  is  a  material  or  substantial  part  of  the  thing  patented  ; 
and  any  such  patentee,  his  heirs  or  assigns,  whether  of  the  whole  or  any 
sectional  interest  therein,  may,  on  payment  of  the  fee  required  by  law, 
make  disclaimer  of  such  parts  of  the  thing  patented  *as  he  or  they  shall 
not  choose  to  claim  or  to  hold  by  virtue  of  the  patent  or  assignment, 
stating  therein  the  extent  of  his  interest  in  such  patent.  Such  disclaimer 
shall  be  in  writing,  attested  by  one  or  more  witnesses,  and  recorded  in 
the  patent  office,  and  it  shall  thereafter  be  considered  as  part  of  the  orig¬ 
inal  specification  to  the  extent  of  the  interest  possessed  by  the  claimant 
and  by  those  claiming  under  him  after  the  record  thereof.  But  no  such 
disclaimer  shall  affect  any  action  pending  at  the  time  of  filing  the  same, 
except  as  to  the  question  of  unreasonable  neglect  or  delay  in  filing  it. 

Such  disclaimers  must  be  distinguished  from  those  which  are  embod¬ 
ied  in  original  or  reissue  applications,  as  at  first  filed  or  subsequently 
amended,  referring  to  matter  shown  or  described,  but  to  which  the  dis- 
claimant  does  not  choose  to  claim  title,  and  also  from  those  made  to 
avoid  the  continuance  of  interferences,  which  require  no  fee,  but  must, 
like  all  other  disclaimers,  be  signed  by  the  applicants  in  person  and  duly 
witnessed. 

Caveats. 

A  caveat,  under  the  patent  law,  is  a  notice  given  to  the  office  of  the 
caveator's  claim  as  inventor,  in  order  to  prevent  the  grant  of  a  patent  to 
another  for  the  same  alleged  invention  upon  an  application  filed  during 
the  life  of  the  caveat  without  notice  to  the  caveator. 

Any  citizen  of  the  United  States  who  has  made  a  new  invention  or  dis¬ 
covery  and  desires  further  time  to  mature  the  same,  may,  on  payment  of 
a  fee  of  ten  dollars,  file  in  the  patent  office  a  caveat  setting  forth  the  ob¬ 
ject  and  the  distinguishing  characteristics  of  the  invention,  and  praying 
protection  of  his  right  until  lie  shall  have  matured  his  invention.  Such 
caveat  shall  be  filed  in  the  confidential  archives  of  the  office  and  pro 


296 


HOW  TO  BE  YOUR  OWN  LAWYER. 


served  in  secrecy,  and  shall  be  operative  for  the  term  of  one  year  from 
the  filing  thereof. 

An  alien  has  the  same  privilege,  if  he  has  resided  in  the  United  States 
one  year  next  preceding  the  filing  of  his  caveat,  and  has  made  oath  ol 
his  intention  to  become  a  citizen. 

The  caveat  must  comprise  a  specification,  oath,  and,  when  the  nature 
of  the  case  admits  of  it,  a  drawing,  and,  like  the  application,  must  be 
limited  to  a  single  invention  or  improvement. 

The  same  particularity  of  description  is  not  required  in  a  caveat  as  in 
an  application  for  a  patent ;  but  the  caveat  must  set  forth  the  object  of 
the  invention  and  the  distinguishing  characteristics  thereof,  and  it  should 
be  sufficiently  precise  to  enable  the  office  to  judge  whether  there  is  a 
probable  interference  when  a  subsequent  application  is  filed.  If  upon 
examination  a  caveat  be  found  defective  in  this  respect,  amendment  will 
be  required. 

The  oath  of  the  caveator  must  set  forth  that  he  is  a  citizen  of  tlio 
United  States,  or,  if  he  be  an  alien,  that  he  has  resided  for  one  year  last 
past  within  the  United  States,  and  has  made  oath  of  his  intention  to  be¬ 
come  a  citizen  thereof,  and  that  he  believes  himself  the  original  and  first 
inventor  of  the  art,  machine,  or  improvement  set  forth  in  his  caveat. 

When  practicable,  the  caveat  should  be  accompanied  by  full  and  accu¬ 
rate  drawings,  separate  from  the  specification,  well  executed  on  tracing 
muslin  or  paper  that  .may  be  folded. 

If  at  any  time  within  one  year  after  the  filing  or  renewal  of  a  caveat 
another  person  shall  file  an  application  with  which  such  caveat  would  in 
any  manner  interfere,  and  if,  within  the  year,  the  application  shall  be 
found  patentable,  then  such  application  will  be  suspended,  and  notice 
thereof  will  be  sent  to  the  person  filing  the  caveat,  who,  if  he  shall  file  a 
complete  application  within  the  prescribed  time,  will  be  entitled  to  an  in¬ 
terference  with  the  previous  application  for  the  purpose  of  proving  pri¬ 
ority  of  invention,  and  obtaining  the  patent,  if  he  be  adjudged  the  prior 
inventor.  The  caveator,  if  he  would  avail  himself  of  his  caveat,  must 
file  his  application  within  three  months  from  the  expiration  of  the  time 
regularly  required  for  the  transmission  to  him  of  the  notice  deposited  in 
the  post-office  at  Washington  ;  and  the  day  when  the  time  for  filing  ex¬ 
pires  will  be  mentioned  in  the  notice  or  endorsed  thereon. 

The  caveator  will  not  be  entitled  to  notice  of  any  application  pending 
at  the  time  of  filing  his  caveat,  nor  of  any  application  filed  after  the  ex¬ 
piration  of  one  year  from  the  date  of  the  filing  or  renewal  thereof.  The 
caveat  may  be  renewed  by  the  payment  of  a  second  caveat  fee  of  ten  dol¬ 
lars,  and  it  will  continue  in  force  for  one  year  from  the  date  of  the  pay¬ 
ment  of  such  second  fee.  Subsequent  renewals  may  be  made  with  like 
effect.  If  a  caveat  be  not  renewed,  it  will  still  be  preserved  in  the  secret 
archives  of  the  office. 

A  caveat  confers  no  rights  and  affords  no  protection  except  as  to  no¬ 
tice  of  an  interfering  application  filed  during  its  life,  giving  the  caveator 
the  opportunity  of  proving  priority  of  invention  if  he  so  desires. 

There  is  no  provision  of  law  making  the  caveat  assignable,  although 
the  alleged  invention  therein  set  forth  is  assignable,  and  the  caveat  nmj 
be  used  as  means  of  identifying  the  invention  transferred  in  an  assignment 


now  TO  BE  YOUR  OWN  LAWYER. 


297 


Caveat  papers  can  not  be  withdrawn  from  the  office  after  they  have 
once  been  tiled  ;  but  copies  of  the  papers  may  be  obtained  at  the  usual 
rates  by  the  caveator  or  any  person  duly  authorized  by  him.  Additional 
papers,  if  containing  new  matter,  must  be  filed  as  a  separate  caveat  with 
another  fee. 

Assignments. 

Every  patent,  or  any  interest  therein,  shall  be  assignable  in  law  by 
an  instrument  in  writing  ;  and  the  patentee  or  his  assigns  or  legal  repre¬ 
sentative  may,  in  like  manner,  grant  and  convey  an  exclusive  right  un¬ 
der  his  patent  to  the  whole  or  any  specified  part  of  the  United  States. 

Interests  in  patents  may  be  vested  in  assignees,  in  grantees  of  exclusive 
sectional  rights  and  mortgages,  and  in  licensees. 

(1.)  An  assignee  is  a  transferee  of  the  whole  interest  of  the  original 
patent,  or  of  an  undivided  part  of  such  whole  interest,  extending  to  every 
portion  of  the  United  States.  The  assignment  must  be  written  or  printed 
and  duly  signed. 

(2.)  A  grantee  acquires  by  the  grant  the  exclusive  right,  under  the  pat¬ 
ent,  to  make  and  use,  and  to  grant  to  others  the  right  to  make  and  use,  the 
thing  patented,  within  and  throughout  some  specified  part  of  the  United 
States,  excluding  the  patentee  therefrom.  The  grant  must  be  written  or 
printed  and  duly  signed. 

(3.)  A  mortgage  must  be  written  or  printed  and  duly  signed. 

(4.)  A  licensee  takes  an  interest  less  than  or  different  from  either  of  the 
others.  A  license  may  be  oral,  or  written,  or  printed,  and  duly  signed. 

An  assignment,  grant,  or  conveyance  will  be  void  as  against  any  sub¬ 
sequent  purchaser  or  mortgagee  for  a  valuable  consideration,  without 
notice,  unless  recorded  in  the  patent  office  within  three  months  from  the 
date  thereof. 

No  instrument  will  be  recorded  which  does  not,  in  the  judgment  of 
the  Commissioner,  amount  to  an  assignment,  grant,  mortgage,  lien,  in¬ 
cumbrance,  or  license,  or  affect  the  title  of  the  patent  or  invention  to 
which  it  relates. 

Assignments  which  are  made  conditional  on  the  performance  of  cer¬ 
tain  stipulations,  as  the  payment  of  money,  if  recorded  in  the  office,  arc 
regarded  as  absolute  assignments,  until  cancelled  with  the  written  consent 
of  both  parties,  or  by  the  decree  of  a  competent  court.  The  office  has  no 
means  of  determining  whether  such  conditions  have  been  fulfilled. 

In  every  case  where  it  is  desired  that  the  patent  shall  issue  to  an  as¬ 
signee,  the  assignment  must  be  recorded  in  the  patent  office  at  a  date  not 
later  than  the  day  on  which  the  final  fee  is  paid.  The  date  of  the  record 
i3  the  date  of  the  receipt  of  the  assignment  at  the  office. 

The  receipt  of  assignments  is  not  generally  acknowledged  by  the  office 
They  are  recorded  in  regular  order  as  promptly  as  possible,  and  then 
transmitted  to  the  persons  entitled  to  them. 

Office  Fees. 

Nearly  all  the  fees  payable  to  the  patent  office  are  positively  required 
by  law  to  be  paid  in  advance — that  is,  upon  making  application  for  any 
action  by  the  office  for  which  a  fee  is  payable.  For  the  sake  of  uniform- 

13* 


298 


HOW  TO  BE  YOUR  OWN  LAWYER. 


ity  and  convenience,  the  remaining  fees  will  be  required  to  be  paid  in  th* 
same  manner. 

The  following  is  the  schedule  of  fees  : 

On  filing  every  application  for  a  design  patent  for  three  years  and 

six  months .  $10  0C 

On  issuing  a  design  patent  for  three  years  and  six  months  no 
further  charge. 

On  filing  each  original  application  for  a  design  patent  for  seven 

years .  .  . .  15  00 

On  filing  each  original  application  for  a  design  patent  for  fourteen 

years .  30  00 

On  filing  every  caveat .  10  00 

On  filing  each  original  application  for  a  patent .  15  00 

On  filing  each  original  application  for  patent  for  an  invention  or 

discovery .  20  00 

On  filing  a  disclaimer .  10  00 

On  filing  every  application  for  a  reissue  . . , .  30  00 

On  filing  every  application  for  a  division  of  a  reissue .  . .  30  00 

On  filing  every  application  for  an  extension  of  a  patent .  50  00 

On  the  gran  of  every  extension .  50  00 

On  fixing  an  appeal  from  a  primary  examiner  to  the  examiners-in- 

chief . . .  10  00 

On  filing  an  appeal  to  the  Commissioner  from  the  examiners-in- 

chief . .  20  00 

For  certified  copies  of  patents  or  other  instruments,  except  copies 

of  printed  patents  sold  by  the  office,  for  every  100  words .  10 

For  certified  copies  of  printed  patents  sold  by  the  office,  10  cents 
for  every  100  words,  less  the  price  actually  paid  for  such  copies 
without  certification. 

For  certified  copies  of  drawings,  the  reasonable  cost  of  making 
them. 

For  recording  an  assignment  of  300  words  or  less .  1  00 

For  recording  an  assignment  of  more  than  300  and  not  more  than 

1,000  words . 2  00 

For  recording  every  assignment  of  more  than  1,000  words. .  3  00 

For  uncertified  copies  of  the  specifications  and  accompanying 
drawings  of  all  patents  which  are  in  print : 

Single  copies  . . .  25 

Twenty  copies  or  more,  whether  of  one  or  several  patents,  per 

copy .  10 

F or  uncertified  copies  of  the  specifications  and  drawings  of  pat¬ 
ents  not  in  print,  the  reasonable  cost  of  making  the  same. 

For  copies  of  matter  in  any  foreign  language,  per  100  words,  or 

f  rac  tion  thereof .  20 

For  translations,  per  100  words,  or  fraction  thereof .  50 

For  assistance  to  attorneys  and  others  in  examination  of  records, 

one  hour  or  less . 50 

Each  additional  hour,  or  fraction  thereof .  50 

For  assistance  to  attorneys  in  examination  of  patents  and  other 

works  in  the  Scientific  Library,  one  hour  or  less  .  1  00 

Each  additional  hour,  or  fraction  thereof .  1  00 


HOW  TO  BE  YOUR  OWN  LAWYER. 


299 


An  order  for  a  copy  of  an  assignment  must  give  the  liber  and  page  of 
the  record,  as  well  as  the  name  of  the  inventor ;  otherwise  an  extra 
charge  will  be  made  for  the  time  consumed  in  making  any  search  for 
such  assignment. 

No  person  will  be  allowed  to  make  copies  or  tracings  from  the  files  or 
records  of  the  office.  Such  copies  will  be  furnished,  when  ordered,  at 
the  rates  already  specified. 

The  money  required  for  office  fees  may  be  paid  to  the  Commissioner, 
or  to  the  Treasurer,  or  any  of  the  assistant  treasurers  of  the  United  States, 
or  to  any  of  the  designated  depositories,  national  banks  or  receivers  of 
public  money,  designated  by  the  Secretary  of  the  Treasury  for  that  pur¬ 
pose,  who  shall  give  the  depositor  a  receipt  or  certificate  of  deposit  there¬ 
for,  which  shall  be  transmitted  to  the  patent  office.  When  this  can  not 
be  done  without  much  inconvenience  the  money  may  be  remitted  by 
mail,  and  in  every  such  case  the  letter  should  state  the  exact  amount  in¬ 
closed.  Letters  containing  money  may  be  registered.  Post-office  money- 
orders  now  afford  a  safe  and  convenient  mode  of  transmitting  fees  All 
such  orders  should  be  made  payable  to  the  “  Commissioner  of  Patents.  ” 

The  weekly  issue  will  close  on  Thursday,  and  the  patents  of  that  issue 
will  bear  date  as  of  the  third  Tuesday  thereafter.  If  the  final  fee  in  any 
application  is  not  paid  on  or  before  Thursday  the  patent  will  not  go  to 
issue  until  the  following  week. 

All  money  sent  by  mail,  either  to  or  from  the  patent  office,  will  be  at 
the  risk  of  the  sender.  In  no  case  should  money  be  sent  inclosed  with 
models.  All  payments  to  or  by  the  office  must  be  made  in  specie,  treas¬ 
ury  notes,  national  bank  notes,  certificates  of  deposit,  or  post-office 
money-orders. 

Repayment  of  Money. 

Money  paid  by  actual  mistake,  such  as  a  payment  in  excess,  or  when 
not  required  by  law,  or  by  neglect  or  misinformation  on  the  part  of  the 
office,  will  be  refunded  ;  but  a  mere  change  of  purpose  after  the  payment 
of  money,  as  when  a  party  desires  to  withdraw  his  application  for  a  pat¬ 
ent,  or  for  the  registration  of  a  trade-mark,  or  an  appeal,  will  not  entitio 
a  party  to  demand  such  a  return. 

1— Petition  by  a  Sole  Inventor. 

To  the  Commissioner  of  Patents  : 

Your  petitioner,  A.  B.,  a  citizen  of  the  United  States,  residing  at 
in  the  county  of  and  State  of  [or  subject,  etc.],  prays  that  letters 
patent  be  granted  to  him  for  the  improvement  in  sewing-machines  set 
forth  in  the  annexed  specification.  A.  B. 

2.— Petition  by  an  Administrator. 

To  the  Commissioner  of  Patents  : 

Your  petitioner,  A.  B.,  a  citizen  of  the  United  States,  residing  at 
in  the  county  of  and  State  of  [or  subject,  etc.],  administrator  of 
the  estate  of  C.  D.,  late  a  citizen  of  S.,  deceased  (as  by  reference  to  thfl 


300 


HOW  TO  BE  YOUR  OWN  LAWYER. 


duly  cei  tided  copy  of  letters  of  administration,  hereto  annexed,  will  more 
fully  appear),  prays  that  letters  patent  may  be  granted  to  him  for  the 
invention  of  the  said  C.  D.  [improvement  in  fire-hose]  set  forth  in  the 
annexed  specification. 

A.  B.,  Administrator,  etc. 


3.— Petition  by  an  Executor. 

To  the  Commissioner  of  Patents  : 

Your  petitioner,  A.  B.,  a  citizen  of  the  United  States,  residing  at 
in  the  county  of  and  State  of  [or  subject,  etc.],  executor  of  the 
last  will  and  testament  of  C.  D.,  late  a  citizen  of  S.,  deceased  (as  by  ref¬ 
erence  to  the  duly  certified  copy  of  letters  testamentary,  hereto  annexed, 
will  more  fully  appear),  prays  that  letters  patent  may  be  granted  to  him 
for  his  invention  of  the  said  C.  D.  [improvement  in  chums],  set  forth  in 
the  annexed  specification. 

A.  B.,  Executor,  etc. 

3a.— Petition  for  a  Reissue. 

To  the  Commissioner  of  Patents  : 

Your  petitioner,  A.  B.,  a  citizen  of  the  United  States,  residing  at  in 
the  county  of  and  State  of  [or  subject,  etc.],  prays  that  he  may  be 
allowed  to  surrender  the  letters  patent  for  an  improvement  in  coal-scut¬ 
tles,  granted  to  him  on  the  day  of  18  whereof  he  is  now  sole 
owner  [or  whereof  C.  D.,  on  whose  behalf  and  with  whose  assent  this 
application  is  made,  is  now  sole  owner,  by  assignment],  and  that  letters 
patent  may  be  reissued  to  him  [or  the  said  C.  I).]  for  the  same  invention, 
upon  the  annexed  amended  specification.  With  this  petition  is  filed  an 
abstract  of  title,  duly  certified,  as  required  in  such  cases.  A.  B. 

4— Petition  for  a  Patent  for  a  Design. 

To  the  Commissioner  of  Patents  : 

Your  petitioner,  A.  B.,  a  citizen  of  the  United  States,  residing  at 
in  the  county  of  and  State  of  [or  subject,  etc.],  prays  that  letters 
patent  may  be  granted  to  him  for  the  term  of  years,  for  the  new  and 
original  design  for  carpets  sets  forth  in  the  annexed  specification. 

A.  B. 


5.— Caveat. 

The  petition  of  A.  B.,  a  citizen  of  the  United  States,  residing  at  in 
the  county  of  and  State  of  [or  subject,  etc.],  represents  : 

That  he  has  made  certain  improvements  in  cotton-gins,  and  that  he  is 
now  engaged  in  making  experiments  for  the  purpose  of  perfecting  the 
same,  preparatory  to  applying  for  letters  patent  therefor.  He  therefore 
prays  that  the  subjoined  description  of  his  invention  may  be  filed  as  a 
caveat  in  the  confidential  archives  erf  the  patent  office.  A.  B. 


HOW  TO  BE  YOUE  OWN  LAWYEE. 


301 


6.— A  Specification  for  an  Improvement  in  the  Steam-Engine, 


To  all  whom  it  may  concern  : 

Be  it  known  that  I,  A.  B.,  of  in  the  county  of  in  the  State  of 
having  invented  a  new  and  improved  mode  of  preventing  steam- 
boilers  from  bursting ;  and  I  do  hereby  declare  that  the  following  is  a  full 
and  exact  description  thereof,  reference  being  had  to  the  accompanying 
drawings,  and  to  the  letters  of  reference  marked  thereon. 

The  nature  of  my  invention  consists  in  providing  the  upper  part  of  a 
steam-boiler  with  an  aperture  in  addition  to  that  for  the  safety-valve ; 
which  aperture  is  to  be  closed  by  a  plug  or  disk  of  alloy,  which  will  fuse 
at  any  given  degree  of  heat,  and  permit  the  steam  to  escape,  should  the 
safety-valve  fail  to  perform  its  functions. 

To  enable  others  skilled  in  the  art  to  make  and  use  my  invention,  I 
will  proceed  to  describe  its  construction  and  operation.  I  construct  my 
steam-boiler  in  any  of  the  known  forms,  and  apply  thereto  gauge-cocks, 
a  safety-valve,  and  the  other  appendages  of  such  boilers  ;  but,  in  order  to 
obviate  the  danger  arising  from  the  adhesion  of  the  safety-valve,  and 
from  other  causes,  I  make  a  second  opening  in  the  top  of  the  boiler, 
similar  to  that  made  for  the  safety-valve,  as  shown  at  A,  in  the  accom¬ 
panying  drawing,  and  in  this  opening  I  insert  a  plug  or  disk  of  fusible 
alloy,  securing  it  in  its  place  by  a  metal  ring  and  screws,  or  otherwise. 
In  general,  I  compose  this  fusible  metal  of  a  mixture  of  lead,  tin,  and 
bismuth,  in  such  proportions  as  will  insure  its  melting  at  a  given 
temperature,  which  must  be  that  to  which  it  is  intended  to  limit  the 
steam  ;  it  will,  of  course,  vary  with  the  pressure  the  boiler  is  intended  to 
sustain. 

I  surround  the  opening  containing  the  fusible  alloy  by  a  tube  B,  in¬ 
tended  to  conduct  off  any  steam  which  may  be  discharged  therefrom. 
When  the  temperature  of  the  steam  in  such  a  boiler  rises  to  its  assigned 
limit,  the  fusible  alloy  will  melt  and  allow  the  steam  to  escape  freely, 
thereby  securing  it  from  all  danger  of  explosion. 

What  I  claim  as  my  invention,  and  desire  to  secure  by  letters  patent, 
is  the  application  to  steam-boilers  of  a  fusible  alloy  which  will  melt  at  a 
given  temperature  and  allow  the  steam  to  escape,  as  herein  described, 
using  for  the  purpose  the  aforesaid  metallic  compound,  or  any  other 
substantially  the  same,  and  which  will  produce  the  intended  effect. 

A.  B. 

Witness : 

N.  N. 

O.  P. 


Oath;  by  a  Citizen. 


State  of 
County  of 


j-  88. 


On  this  day  of  18  before  me,  the  subscriber,  a  personally 
appeared  the  within-named  A.  B.,  and  made  solemn  oath  [or  affirmation! 
that  he  verily  believes  himself  to  be  the  original  and  first  inventor  ox 


302 


HOW  TO  BE  YOUR  OWN  LAWYER. 


the  mode  herein  described  for  preventing  steam-boilers  from  bursting ; 
and  that  he  does  not  know  oi  believe  the  same  was  ever  before  known 
or  used  ;  and  that  he  is  a  f  citizen  of  the  United  States. 

[Signature  of  officer.] 

7 —Oath  by  an  Alien  who  has  Taken  Steps  to  Become  Naturalized. 

[As  in  the  preceding  form  to  the  f,  continuing  thus  :]  a  native  of  the 
kingdom  of  that  he  has  resided  within  the  United  States  for  the 
whole  of  the  past  year,  and  has  taken  the  oath  prescribed  by  law  for  be¬ 
coming  naturalized  in  this  country. 

[Signature  of  officer.] 


8.— Specification  for  a  Design. 


To  all  whom  it  may  concern  : 

Be  it  known  that  I,  A.  B.,  of  the  town  [or  city]  of  in  the  county 
of  and  State  of  have  originated  and  designed  a  new  pattern  [for 
carpets  or  other  fabrics,  or,  a  design  for  a  trade-mark],  of  which  the  fol¬ 
lowing  is  a  full,  clear,  and  exact  description,  reference  being  had  to  the 
accompanying  specimens  or  drawings,  making  part  of  this  specification. 

[Here  give  a  description  of  the  design,  with  references  to  the  specimen 
or  drawing,  concluding  with  a  “  claim,”  as  follows :]  AVhat  I  claim  as 
my  invention,  and  desire  to  secure  by  letters  patent,  is  the  design  or  pat¬ 
tern  [for  carpets  or  other  fabrics,  or,  the  design  for  a  trade-mark]  herein 
set  forth. 

A.  B. 

Witnesses : 

M.  N. 

O.  P. 

9—  Oath;  oy  a  Citizen. 


State  of  > 

[City  and]  County  of  J  ss' 

On  this  day  of  18  before  the  subscriber,  a  personally 

appeared  the  within-named  A.  B.,  and  made  solemn  oath  [or  affirmation] 
that  he  verily  believes  himself  to  be  the  original  and  first  inventor,  or  pro¬ 
ducer,  of  the  design  for  and  that  he  does  not  know  or  believe  that 
the  same  was  ever  before  known  or  used,  and  that  he  is  a  f  citizen  of  the 
United  States. 

[Signature  of  officer.] 


10— Oath  to  Laltet  Petition,  by  an  Alien  who  has  Taken  Steps 
to  Become  a  Citizen. 

[As  in  the  preceding  form  to  the  f  continuing  thus  :]  a  native  of  the 
kingdom  of  that  he  has  resided  within  the  United  States  for  the  whole 
of  the  past  year,  and  has  taken  the  oath  prescribed  by  law  for  becoming 
naturalized  in  this  country. 

[Signature  of  officer.  ] 


HOW  TO  BE  YOUR  OWN  LAWYER. 


303 


11.— Amendments  to  Specification. 

I  hereby  amend  my  specification  by  inserting  the  following  words  after 
the  word  in  the  line  of  the  page  thereof  [here  supply  the  words 
that  are  to  be  inserted]. 

Or,  I  hereby  amend  my  specification  by  striking  out  the  line  of  the 
page  thereof,  or,  by  striking  out  the  first  and  fourth  claims  append¬ 
ed  thereto  [or  otherwise  state  whatever  may  be  the  amendment  desired  by 
the  applicant].  A.  B. 

[Signatures  of  two  witnesses.] 

12.— Appeal  to  Examiners-in-Chief,  from  Decision  Rejecting 
Application. 

To  the  Commissioner  of  Patents  : 

Sir — In  conformity  with  section  third  of  the  Act  of  Congress,  dated  2d 
March,  1861,  I  hereby  make  application  for  an  appeal  from  the  decision 
of  the  principal  examiner,  in  the  matter  of  my  application  for  a  patent 
for  an  improvement  in  [describe  invention],  rejected  a  second  time  on  the 
day  of  18  and  request  that  the  same  may  be  heard  by  the  ex¬ 
aminers-in-chief.  Respectfully,  A.  B. 

7 3 —By  an  Applicant  for  a  Reissue . 

State  of  I,  ) 

County  ofK,  )  ’ 

A.  B.,  the  above-named  petitioner,  being  duly  sworn  [or  affirmed]  de¬ 
poses  and  says  that  he  verily  believes  that  his  aforesaid  letters  patent  are 
inoperative  [or  invalid,  or  both]  by  reason  of  a  defective  [or  insufficient] 
specification  for  both,  or  by  reason  of  the  patentee  claiming  as  his  own 
invention  or  discovery  more  than  he  had  a  right  to  claim  as  new],  and 
that  the  error  arose  by  inadvertence  [accident  or  mistake],  without  any 
fraudulent  or  deceptive  intent ;  that  he  is  the  sole  owner  of  said  letters 
patent,  aud  that  he  verily  believes  himself  to  be  the  first  and  original  in¬ 
ventor  of  the  improvement  set  forth  and  claimed  in  this  amended  specifi¬ 
cation,  and  does  not  believe  that  the  same  was  ever  before  known  or 
used.  A.  B. 

Sworn  to  and  subscribed  before  me  this 
day  of  A.  D.  18 

C.  D. 

[Title  of  office.] 

14  —Oath  to  Application  for  a  Reissue. 

State  of  ) 

[City  and]  County  of  \  88' 

On  this  day  of  18  before  the  subscriber,  a  personally  ap¬ 
peared  the  above-named  A.  B.,  and  made  solemn  oath  [or  affirmation) 


304 


HOW  TO  BE  YOUR  OWN  LAWYER. 


that  he  verily  believes  that,  by  reason  of  an  insufficient  or  defective  speci¬ 
fication,  his  aforesaid  patent  is  not  fully  valid  and  available  to  him  ;  and 
that  the  said  error  has  arisen  from  inadvertence,  accident,  or  mistake,  and 
without  any  fraudulent  or  deceptive  intention,  to  the  best  of  his  knowl¬ 
edge  or  belief.  [Signature  of  officer.] 


15.— Disclaimer  After  Patent. 

To  the  Commissioner  of  Patents  : 

Your  petitioner,  A.  B.,  a  citizen  of  the  United  States,  residing  at  L.. 
in  the  county  of  M.,  and  State  of  N.  [or  subject,  etc.],  represents  that  in 
the  matter  of  a  certain  improvement  in  printing  presses,  for  which  letters 
patent  of  the  United  States,  No.  75,000,  were  granted  to  C.  D.,  on  the 
12th  day  of  June,  1879,  he  is  [here  state  the  exact  interest  of  the  disclaim- 
ant ;  if  assignee,  set  out  liber  and  page  where  assignment  is  recorded], 
and  that  he  has  reason  to  believe  that,  through  inadvertence  [accident  or 
mistake],  the  specification  and  claim  of  said  letters  patent  are  too  broad, 
including  that  of  which  said  patentee  was  not  the  first  inventor.  Your 
petitioner,  therefore,  hereby  enters  his  disclaimer  to  that  part  of  the  claim 
in  said  specification  which  is  in  the  following  words,  to  wit : 

“I  also  claim  the  sleeves  A  B,  having  each  a  friction-cam,  C,  and 
connected,  respectively,  by  means  of  chains  or  cords,  K,  L,  and  M,  N, 
with  an  oscillatory  lever,  to  operate  substantially  as  herein  shown  and 
described.”  A.  B. 

Witness : 

C.  D. 


16.— Certificate  to  be  Annexed  by  Magistrate. 

V 


-  88. 


State  of 

[City  and]  County  of 
At  in  said  county,  on  the  day  of  a.d.  18  before  me  per¬ 
sonally  appeared  the  above-named  M.  N.,  and  made  oath  that  the  fore¬ 
going  deposition  by  him  subscribed,  contains  the  whole  truth,  and  noth¬ 
ing  but  the  truth. 

[Signature  of  officer.] 


PAYMENT  AND  TENDER. 

Payment  is  the  fulfilment  of  a  promise,  or  the  performance  of  an  agree¬ 
ment,  or  the  discharge  in  money  of  a  sum  due. 

Payment  must  be  in  money  or  in  something  accepted  in  its  stead,  by 
some  one  authorized  to  receive  it.  The  legal  tender  established  by  law 
is  regarded  as  money.  United  States  coins  of  all  denominations  and 
treasury  notes  are  such. 

Negotiable  bills  and  notes  of  individuals  may  be  taken  in  payment  of 
a  debt,  but  only  have  the  effect  of,  and  operate  as,  payment,  when  taken 


HOW  TO  BE  YOUR  OWN  LAWYER. 


305 


with  that  object  in  view ;  in  Maine  and  Massachusetts  they  are  pre¬ 
sumed  to  be  taken  in  payment  if  the  contrary  is  not  expressly  shown. 
Giving  one’s  own  promissory  note  is  no  payment  of  a  debt  unless  so  un 
derstood  by  both  parties.  If  a  note  or  bill  is  taken  on  a  debt,  due  dili¬ 
gence  must  be  taken  to  collect  it  at  maturity,  or  it  will  operate  as  pay¬ 
ment  by  being  treated  as  the  bill  of  the  receiver,  and  discharging  the  par¬ 
ties  to  it. 

Giving  a  check  is  not  payment  until  it  is  cashed,  or  an  unreasonable 
time  has  been  allowed  to  elapse  after  the  receipt  of  the  check,  and  the 
check  has  been  lost  thereby. 

A  receipt  is  prima  facie  evidence  of  payment.  Other  evidence,  such 
as  the  possession  of  a  note  by  the  maker,  etc.,  go  to  prove  payment. 

Payment  to  an  agent  or  attorney  is  good  if  the  agent  is  authorized  to 
receive  payment,  and  so  also  is  payment  to  the  wife,  if  she  is  authorized 
to  receive  it.  An  agent,  however,  can  not  receive  anything  but  money  in 
payment,  unless  specially  empowered  to  do  so. 

Sometimes  it  is  necessary  to  make  a  formal  tender,  if  payment  will  not 
be  taken,  or  proof  of  the  offer  is  desired. 

Tender  should  be  made  to  the  party  entitled  to  receive  payment.  The 
exact  amount  in  strict  legal  tender  money  should  be  offered,  stating  the 
amount,  and  offering  it  unconditionally,  except  that  in  paying  a  note  the 
note  may  be  required  to  be  given  up  as  a  condition  of  the  tender. 

A  receipt  can  not,  however,  be  insisted  upon  without  vitiating  the 
tender. 

It  is  commonly  supposed  that  a  receipt  can  be  demanded  and  insisted 
upon  when  money  is  paid.  There  is  no  law  to  compel  a  man  to  give  a 
receipt  when  he  receives  money  and  he  can  refuse  to  do  so. 

Tender,  if  good  and  sufficient,  stops  interest  and  accruing  damages  on 
the  debt. 


PENSIONS. 

A  pension  is  a  stated  and  certain  allowance  granted  by  the  government 
to  an  individual,  or  to  those  who  represent  him,  for  valuable  services  per¬ 
formed  by  him  for  the  country.  By  the  act  of  Congress  approved  July 
14,  1884,  pensions  are  granted  to  the  following  persons  : 

Who  are  Entitled  to  Pensions. 

Invalids,  disabled  since  March  4,  1861,  in  the  military  or  naval  service 
of  the  United  States  in  the  line  of  duty ;  widows  of  officers,  soldiers, 


306 


HOW  TO  BE  YOUR  OWN  LAWYER. 


or  seamen,  dying  of  wounds  received  or  diseases  contracted  in  the  mili¬ 
tary  or  naval  service ;  children  under  sixteen  years  of  age,  of  such  de¬ 
ceased  persons,  if  there  is  no  widow  surviving,  or  from  the  time  of  the 
widow’s  remarriage  ;  mothers  of  officers,  soldiers,  or  seamen,  deceased  aa 
aforesaid,  provided  the  latter  have  left  neither  widow  nor  children  under 
sixteen  years  of  age,  and  provided,  also,  that  the  mother  was  dependent 
wholly,  or  in  part,  upon  the  deceased  for  support ;  sisters,  under  sixteen 
years  of  age,  of  such  deceased  persons,  dependent  on  the  latter,  wholly 
cr  in  part,  for  support,  provided  there  are  no  rightful  claimants  as  wid¬ 
ows,  children,  or  mothers. 

Amount  Allowed. 

The  following  are  the  rates  of  pension  allowed  :  “  That  if  any  officer, 
non-commissioned  officer,  musician  or  private  of  the  army,  including 
regulars,  volunteers,  and  militia,  or  any  officer,  warrant  or  petty  officer, 
musician,  seaman,  ordinary  seaman,  flotillaman,  marine  clerk,  landsman, 
pilot,  or  other  person  in  the  navy  or  marine  corps,  has  since  the  4th  of 
March,  eighteen  hundred  and  sixty-one,  or  shall  hereafter  he  disabled  by 
any  wound  received  or  disease  contracted  while  in  the  service  of  the 
United  States  and  in  the  line  of  duty,  he  shall,  upon  making  due  proof 
of  the  fact,  according  to  such  forms  and  regulation  as  are  or  may  be  pro¬ 
vided  by  or  in  pursuance  of  law,  be  placed  upon  the  list  of  invalid  pen¬ 
sions  of  the  United  States,  and  be  entitled  to  receive  for  the  highest  rate 
of  disability  such  pension  as  is  hereinafter  provided  in  such  cases,  and 
for  an  inferior  disability  an  amount  proportionate  to  the  highest  disabil¬ 
ity,  to  commence  as  hereinafter  provided,  and  continue  during  the  exist¬ 
ence  of  such  disability.  The  pension  for  a  total  disability  for  officers, 
non-commissioned  officers,  musicians,  and  privates,  employed  in  the  mili¬ 
tary  service  of  the  United  States,  whether  regulars,  volunteers,  or  militia, 
and  in  the  marine  corps,  shall  be  as  follows — viz. :  Lieutenant-colonel, 
and  all  officers  of  a  higher  rank,  thirty  dollars  per  month  ;  major,  twenty- 
five  dollars  per  month  ;  captain,  twenty  dollars  per  month ;  first-lieuten¬ 
ant,  seventeen  dollars  per  month ;  second-lieutenant,  fifteen  dollars  per 
month ;  and  non-commissioned  officers,  musicians,  and  privates,  eight 
dollars  per  month.  The  pension  for  total  disability  for  officers,  warrant 
or  petty  officers,  and  others  employed  in  the  naval  service  of  the  United 
States,  shall  be  as  follows — viz.:  Captain,  commander,  surgeon,  paymas¬ 
ter,  and  chief-engineer,  respectively,  ranking  with  commander  by  law, 
lieutenant  commanding  and  master  commanding,  thirty  dollars  pel 
month  ;  lieutenant,  surgeon,  paymaster,  and  chief -engineer,  respectively 


HOW  TO  BE  YOTJR  OWN  LAWYER. 


307 


ranking  with  lieutenant  by  law,  and  passed  assistant  surgeon,  twenty-five 
dollars  per  month  ;  professor  of  mathematics,  master,  assistant  surgeon, 
assistant  paymaster,  and  chaplain,  twenty  dollars  per  month  ;  first  assist¬ 
ant  engineers  and  pilots,  fifteen  dollars  per  month  ;  passed  midshipman, 
captain’s  and  paymaster’s  clerk,  second  and  third  assistant  engineer,  mas¬ 
ter’s  mate,  and  all  warrant  officers,  ten  dollars  per  month  ;  all  petty  offi¬ 
cers,  and  all  other  persons  before  named  employed  in  the  naval  service, 
eight  dollars  per  month  ;  and  all  commissioned  officers,  of  either  service, 
shall  receive  such  and  only  such  pensions  as  is  herein  provided  for  the 
rank  in  which  they  hold  commissions.” 

Only  one  full  pension  in  any  case  will  be  allowed  to  the  relatives  of  a 
deceased  officer,  soldier,  or  seaman,  and  in  order  of  precedence  as  set 
forth  above.  When  more  than  one  minor  child  or  orphan  sister  thus 
becomes  entitled  to  pension,  the  same  must  be  divided  equally  between 
them. 

Invalid  pensions,  under  this  law,  will  commence  from  the  date  of  the 
pensioner’s  discharge  from  service,  provided  application  is  made  within 
one  year  thereafter.  If  the  claim  is  not  made  until  a  later  date,  the  pen¬ 
sion  will  commence  from  the  time  of  the  application.  Pensions  of 
widows  and  minors  will  commence  from  the  death  of  the  officer,  soldier, 
or  seaman  on  whose  service  the  claim  is  based. 

Army  Pensions. 

Declarations  (including  evidence  of  identity)  are  required  to  be  made 
before  a  court  of  record,  or  before  some  officer  of  such  court  duly  au¬ 
thorized  to  administer  oaths,  and  having  custody  of  its  seal.  Testimony 
other  than  that  indicated  above,  may  be  taken  before  a  justice  of  the 
peace,  or  other  officer  having  like  authority  to  administer  oaths,  but 
in  no  case  will  any  evidence  be  received  that  is  verified  before  an 
officer  who  is  concerned  in  prosecuting  the  claim,  or  has  a  manifest  in¬ 
terest  therein. 

The  instructions  here  given  are  those  issued  by  Government. 

In  support  of  the  allegations  made  in  the  claimant’s  declaration,  testi¬ 
mony  will  be  required  in  accordance  with  the  following  rules  : 

1.  The  claimant’s  identity  must  be  proved  by  two  witnesses,  certified 
by  a  judicial  officer  to  be  respectable  and  credible,  who  are  present  and 
witness  the  signature  of  the  declarant,  and  who  state,  upon  oath  or  affir¬ 
mation,  their  belief,  either  from  personal  acquaintance  or  for  other  reasons 
given,  that  he  or  she  is  the  identical  person  he  or  she  represents  himself 
or  herself  to  be. 

2.  Every  applicant  for  an  invalid  pension  must,  if  in  his  power,  pro¬ 
duce  the  certificate  of  the  captain,  or  of  some  other  commissioned  officer 
under  whom  he  served,  distinctly  stating  the  time  and  place  of  the  said 
applicant’s  having  been  wounded  or  otherwise  disabled,  and  the  nature 


308 


HOW  TO  BE  YOUB  OWN  LAWYER. 


of  the  disability ;  and  that  the  said  disability  arose  while  he  was  in  the 
service  of  the  United  States  and  in  the  line  of  his  duty. 

3.  If  it  be  impracticable  to  obtain  such  certificate,  by  reason  of  the 
death  or  removal  of  said  officers,  it  must  be  so  stated  under  oath  by  the 
applicant,  and  his  averment  of  the  fact  proved  by  persons  of  known  re¬ 
spectability,  who  must  state  particularly  all  the  knowledge  they  may 
possess  in  relation  to  such  death  or  removal ;  then  secondary  evidence 
can  be  received.  In  such  case,  the  applicant  must  produce  the  testimony 
of  at  least  two  credible  witnesses  (who  were  in  a  condition  to  know  the 
facts  about  which  they  testify),  whose  good  character  must  be  vouched 
for  by  a  judicial  officer,  or  by  some  one  known  to  the  department.  The 
witnesses  must  give  a  minute  narrative  of  the  facts  in  relation  to  the 
matter,  and  must  show  how  they  obtained  a  knowledge  of  the  facts  to 
which  they  testify. 

4.  The  usual  certificate  of  disability  for  discharge  should  show  the 
origin,  character,  and  degree  of  the  claimant’s  disability  ;  but  when  that 
is  wanting  or  defective,  the  applicant  will  be  required  to  be  examined  by 
some  surgeon  regularly  appointed,  unless  clearly  impracticable. 

5.  The  habits  of  the  applicant,  and  his  occupation  since  he  left  the  ser¬ 
vice,  should  be  shown  by  at  least  two  credible  witnesses. 

If  the  applicant  claims  a  pension  as  the  widow  of  a  deceased  officer  or 
soldier,  she  must  prove  the  legality  of  her  marriage,  the  death  of  her 
husband,  and  that  she  is  still  a  widow.  She  must  also  furnish  the  names 
and  ages  of  the  decedent’s  children  under  sixteen  years  of  age  at  her  hus¬ 
band^  decease,  and  the  place  of  their  residence.  On  a  subsequent  mar¬ 
riage  her  pension  will  cease,  and  the  minor  child  or  children  of  the  de¬ 
ceased  officer  or  soldier,  if  any  be  living,  under  the  age  of  sixteen  years, 
will  be  entitled  to  the  same  in  her  stead,  from  the  date  of  such  marriage, 
on  the  requisite  proof,  under  a  new  declaration.  Proof  of  the  marriage 
of  the  parents  and  of  the  age  of  claimants  will  be  required  in  all  applica¬ 
tions  in  behalf  of  minor  children.  The  legality  of  the  marriage,  in  either 
case,  may  be  ascertained  by  the  certificate  of  the  clergyman  who  joined 
them  in  wedlock,  or  by  the  testimony  of  respectable  persons  having 
knowledge  of  the  fact,  in  default  of  record  evidence,  which  last  must 
always  be  furnished,  or  its  absence  shown.  The  ages  and  number  of 
children  may  be  ascertained  by  the  deposition  of  the  mother,  accompa 
nied  by  the  testimony  of  respectable  persons  having  knowledge  of  them, 
or  by  transcripts  from  the  parish  or  town  registers  duly  authenticated. 

A  mother,  to  be  entitled  to  a  pension,  as  having  been  wholly  or  partly 
dependent  on  a  deceased  officer  or  soldier,  must  prove  that  the  latter  con¬ 
tributed  to  her  support  for  a  certain  period,  showing  specifically  in  what 
manner  and  to  what  extent. 

If  the  claimant  be  a  dependent  sister,  like  proof  will  be  required  of  the 
marriage  of  her  parents,  and  of  her  relationship  to  the  deceased. 

Guardians  of  minor  claimants  must,  in  all  cases,  produce  evidence  of 
their  authority  as  such,  under  the  seal  of  the  court  from  which  their  ap¬ 
pointment  is  obtained. 

Applicants  of  the  last  four  classes  enumerated  at  the  head  of  the  chap¬ 
ter,  who  have  in  any  manner  aided  or  abetted  the  rebellion  against  the 
United  States  Government,  are  not  entitled  to  the  benefits  of  this  act. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


309 


Invalid  applicants  who  are  minors  may  apply  in  their  own  behalf, 
without  the  intervention  of  a  guardian. 

Attorneys  for  claimants  must  have  proper  authority  from  those  in 
whose  behalf  they  appear.  Powers  of  attorney  must  be  signed  in  the 
presence  of  two  witnesses,  and  acknowledged  before  a  duly  qualified 
officer,  whose  official  character  must  be  certified  under  seal. 

In  all  cases  the  post-office  address  of  the  claimant  must  be  distinctly 
stated,  over  his  or  her  proper  signature. 

Applications  under  this  act  will  be  numbered  and  acknowledged,  to  be 
acted  on  in  their  turn.  In  filing  additional  evidence,  correspondents 
should  always  give  the  number  of  the  claim  as  well  as  the  name  of  the 
claimant. 

How  to  Procure  a  Pension. 

Pamphlets  containing  the  pension  laws,  forms,  and  complete  directions 
for  proceedings  in  the  Pension  Office  are  issued  by  that  office,  and  can  be 
had  on  application  by  letter  to  the  Commissioner  of  Pensions,  Washing¬ 
ton,  D.  C.,  or  to  any  Pension  Agent. 


PARTITION. 

Partition  is  the  division  which  is  made  between  several  persons,  of 
lands,  tenements,  or  hereditaments,  or  of  goods  and  chattels  which 
belong  to  them  as  co-heirs  or  co-proprietors.  The  division  is  either  vol¬ 
untary  or  compulsory. 

Voluntary  partition  is  made  by  the  mutual  consent  of  the  owners,  and 
is  effected  by  mutual  conveyances,  without  covenants  of  warranty,  or  by 
release  to  each  person  of  the  share  which  he  is  to  hold,  executed  by  the 
other  owners. 

Compulsory  partition  is  made  without  regard  to  the  wishes  of  one  or 
more  of  the  owners,  and  is  effected  by  special  laws  provided  for  the  pur¬ 
pose  in  each  State. 


PERSONAL  PROPERTY. 

Personal  property  is  the  right  or  interest  which  a  man  has  in  things 
personal.  It  consists  in  general  of  everything  which  a  man  can  move 
around  with  him,  such  as  household  furniture,  checks,  notes,  bonds, 
mortgages,  books,  copyrights,  patents,  stock  of  goods  in  a  store,  cattle, 
tools,  farming  utensils,  hay,  fodder,  and  whatever  erections  he  may  put 
on  land  which  have  not  become  fixtures. 

The  personal  property  of  a  person  wrho  dies  without  a  will  goes  to  the 


310 


HOW  TO  BE  YOUR  OWN  LAWYER. 


next  of  kin,  and  is  divided  up  among  them  according  to  the  statute  of 
distributions  in  the  several  States. 

Whatever  is  erected  on  the  lands  of  another  by  permission  of  the  ownei 
is  personal  property  ;  so  also  whatever  a  tenant  erects  for  trade,  domes¬ 
tic  or  manufacturing  purposes,  prr  vided  it  can  be  removed  without  too 
great  damage  and  is  removed  within  a  reasonable  time. 

Growing  crops  sold  by  the  owner  when  fit  for  harvesting  are  personal 
property  ;  so  also  are  crops  planted  by  a  tenant,  if  fit  for  harvesting,  or 
if  his  term  of  tenancy  is  uncertain. 

Trees  sold  to  be  cut,  without  any  right  to  have  them  stand  to  occupy 
the  land  and  trees  growing  in  a  nursery,  are  personal  property. 


POWER  OF  ATTORN FY. 

[See  Agents.] 


PRE-EMPTION  LAWS. 

The  pre-emption  right  is  the  right  given  to  settlers  upon  the  public 
lands  of  the  United  States  to  purchase  them  at  a  limited  price  in  prefer¬ 
ence  to  others.  It  gives  a  right  to  the  actual  settler,  who  has  entered  and 
occupied  without  title,  to  obtain  a  title  to  a  quarter  section  at  the  mini¬ 
mum  price  fixed  by  law,  upon  entry  in  the  proper  office  and  payment,  to 
the  exclusion  of  all  other  persons. 

The  public  lands  of  the  United  States  are  sold  to  purchasers  at  a  mini¬ 
mum  price  of  $1.25  per  acre,  or  a  double  minimum  of  $2.50  per  acre,  the 
latter  being  the  price  per  acre  for  the  alternate  sections  held  by  the  gov¬ 
ernment  within  the  limits  of  a  land  grant  to  a  railroad. 

Purchasers  simply  present  a  written  application  to  the  register  of  the 
district  for  any  vacant  land  which  they  describe,  and  on  payment  of  the 
price,  receive  a  certificate  of  purchase. 

Who  May  Pre-empt  Lands. 

All  surveyed  public  lands  of  the  United  States  are  open  to  pre-emptions 
by  heads  of  families,  widows,  or  single  persons  over  twenty-one  years  of 
age,  who  are  citizens  of  the  United  States,  or  have  declared  their  intention 
to  become  such.  Only  one  hundred  and  sixty  acres  can  be  so  taken  up. 
No  one  owning  320  acres  in  any  State  or  Territory,  or  who  has  left  his 


HOW  TO  BE  YOUR  OWN  LAWYER. 


3H 


own  land  In  tlie  same  State  or  Territory,  is  allowed  to  pre-empt,  nor  shall 
any  one  be  allowed  to  pre-empt  twice.  The  applicant  must  make  oath 
that  he  does  not  intend  to  improve  the  land  and  sell  on  speculation,  and 
that  he  intends  to  appropriate  the  land  to  his  own  direct  and  exclusive 
use  The  applicant  must  file  his  declaration  within  30  days,  and  his  oath 
within  one  year,  when  he  shall  be  entitled  to  purchase  as  above.  The 
same  persons  may  enter  a  homestead  on  the  same  application,  and  on 
paying  five  dollars  for  eighty  acres,  or  ten  for  more  than  that  up  to  one 
hundred  and  sixty  acres.  Certificate  of  patent  shall  be  granted  after  five 
years  from  the  entry,  but  the  entry  shall  inure  to  the  benefit  of  the  widow 
and  children  of  one  who  dies  before  the  expiration  of  such  time.  An 
absence  of  more  than  six  months  from  the  land  abandons  it. 

Soldiers  may  take  up  homesteads  and  have  the  time  of  service  in  the 
army  deducted  from  the  five  years,  provided,  however,  it  does  not  make 
the  time  less  than  one  year. 

Parties  desiring  to  found  a  city  on  the  public  lands  shall  file  a  plot  of 
not  more  than  a  section,  and  the  lots  shall  be  offered  at  public  sale  at  a 
minimum  of  ten  dollars  a  lot,  and  the  undisposed  of  lots  shall  be  disposed 
of  at  such  minimum,  or  any  increase  or  diminution  after  three  months’ 
notice  as  the  Secretary  of  the  Interior  shall  order. 

The  same  persons  who  are  entitled  to  pre-empt  and  homestead  public 
lands  shall,  on  planting  trees  and  keeping  them  growing  for  eight  years, 
be  entitled  to  a  patent  for  an  additional  number  of  acres  up  to  one  hun¬ 
dred  and  sixty  ;  forty  acres  being  allowed  for  each  two  and  one-half  acres 
of  trees  planted  and  kept  growing  for  eight  years,  on  paying  the  amount 
of  the  homestead  fee. 

Five  acres  shall  be  broken  the  first  year,  cropped  the  second,  and 
planted  to  timber  the  third  ;  and  five  more,  commencing  the  second  year, 
shall  be  treated  in  the  same  manner,  if  one  hundred  and  sixty  acres  are 
taken  up,  and  in  the  same  proportion  for  a  less  number  of  acres. 

The  same  classes  of  persons  may  appropriate  a  section  of  desert  land, 
or  land  unfit  for  agricultural  purposes,  except  by  irrigation  by  conduct¬ 
ing  water  upon  it,  within  three  years  from  filing  their  declaration.  They 
must  get  their  water  by  prior  right,  and  must  not  use  more  than  is  neces 
sary  for  irrigating  purposes. 

Timber  lands  in  California,  Nevada,  Oregon,  and  Washington,  unfit 
for  agriculture,  may  be  sold  for  two  dollars  and  fifty  cents  an  acre,  not 
more  than  a  quarter  section  to  a  person  being  sold.  Stone  lands  may  bo 
sold  the  same  way.  The  same  class  of  persons,  subject  to  the  same  con¬ 
ditions  as  in  pre-emption  cases,  are  entitled  to  enter  these  lands. 


312 


HOW  TO  EE  TOCK  OWN  LAWYER. 


7.— Declaratory  Statement  for  Cases  where,  at  the  Date  of  the 
Law,  the  Land  Claimed  was  Subject  to  Private  Entry. 

I,  A.  B.,  of  being  the  head  of  a  family  [or  a  widow,  or  single  man 
over  the  age  of  twenty-one  years,  as  the  case  may  be],  and  a  citizen  of 
the  UnitedStates  [or  having  filed  my  declaration  to  become  a  citizen,  as 
required  by  the  naturalization  laws,  as  the  case  may  be],  have,  since  the 
first  day  of  June,  1840 — to  wit,  on  the  day  of  a.d.  18  settled 
and  improved  the  quarter-section  No.  in  township  No.  of 
range  No.  in  the  district  of  land  subject  to  sale  at  the  land  office  at 
and  containing  acres,  which  land  was  subject  to  private  entry 
at  the  passage  of  the  act  of  4th  September,  1841  ;  and  I  do  hereby  de¬ 
clare  my  intention  to  claim  the  said  tract  of  land  as  a  pre-emption  right 
under  the  provisions  of  said  act  of  4th  September,  1841. 

Given  under  my  hand  this  day  of  18  . 

[Signature  of  claimant.] 

In  presence  of 

[Signature  of  witness.] 

2.— For  Cases  where  the  Land  Claimed  shall  have  been  Rendered 
Subject  to  Private  Entry  since  the  Date  of  the  Law. 

I,  A.  B.,  of  being  [the  head  of  a  family  or  widow,  or  single  man 
over  the  age  of  twenty-one  years,  as  the  case  may  be,  a  citizen  of  the 
United  States,  or  having  filed  my  declaration  to  become  a  citizen,  as  re¬ 
quired  by  the  naturalization  laws,  as  the  case  may  be],  did,  on  the 
day  of  a.d.  18  settle  and  improve  the  quarter  of  section  No. 

in  township  No.  of  range  No.  in  the  district  of  lands  sub¬ 
ject  to  sale  at  the  land  office  at  and  containing  acres,  which 
land  has  been  rendered  subject  to  private  entry  since  the  passage  of  the 
act  of  4th  of  September,  1841,  but  prior  to  my  settlement  thereon  ;  and  I 
do  hereby  declare  my  intention  to  claim  the  said  tract  of  land  as  a  pre¬ 
emption  right,  under  the  provisions  of  said  act  of  4th  September,  1841. 

Given  under  my  hand  this  day  of  a.d.  18  . 

A.  B. 

In  presence  of 

[Signature  of  witness.] 


3.— Affidavit  Required  of  Pre-emption  Claimant. 

I,  A.  B.,  claiming  the  right  of  pre-emption  under  the  provisions  of  the 
act  of  Congress,  entitled  “An  Act  to  appropriate  the  proceeds  of  the 
sales  of  the  public  lands,  and  to  grant  pre-emption  rights,”  approved 
September  4,  1841,  to  the  quarter  of  section  No.  of  township 
No.  of  range  No.  subject  to  sale  at  do  solemnly  swear  [or 
affirm]  that  I  have  never  had  the  benefit  of  any  right  of  pre-emption  un¬ 
der  this  act ;  that  I  am  not  the  owner  of  three  hundred  and  twenty  acres 
of  land  in  any  State  or  Territory  of  the  United  States,  nor  have  I  settled 


HOW  TO  BE  YOUR  OWN  LAWYER. 


313 


apon  and  improved  said  land  to  sell  the  same  on  speculation,  but  in  good 
faith  to  appropriate  it  to  my  own  exclusive  use  or  benefit ;  and  that  1 
have  not,  directly  or  indirectly,  made  any  agreement  or  contract,  in  any 
way  or  manner,  with  any  person  or  persons  whatsoever,  by  which  the 
title  which  I  may  acquire  from  the  Government  of  the  United  States 
should  inure,  in  whole  or  in  part,  to  the  benefit  of  any  person  except 
myself. 

[Signature.] 

I,  C.  D.,  register  [or  receiver]  of  the  land  office  at  do  hereby  cer¬ 
tify  that  the  above  affidavit  was  taken  and  subscribed  before  me  this 
day  of  a.d.  18  . 

[Signature  and  title.] 


„  4.— Cash  Application. 

No.  . 

Land  Office  at 

[Date]  18  . 

I,  A  B.,  of  county  do  hereby  apply  to  purchase  the  of 
section  in  township  of  range  containing  acres,  according 
to  the  returns  of  the  Surveyor-General,  for  which  I  have  agreed  with  the 
register  to  give  at  the  rate  of  per  acre. 

A.  B. 

5.— Pre-emption  Declaratory  Statement  for  Offered  Lands. 

I,  A.  B.,  of  being  have,  on  the  day  of  a.d.  18  settled 
and  improved  the  quarter  of  section  No.  in  township  No. 
of  range  No.  in  the  district  of  lands  subject  to  sale  at  the  land 
office  at  and  containing  acres,  which  land  has  not  yet  been  offered 
at  public  sale,  and  thus  rendered  subject  to  private  entry  ;  and  I  do  here¬ 
by  declare  my  intention  to  claim  the  said  tract  of  land  as  a  pre-emption 
right  under  section  2259  of  the  Revised  Statutes  of  the  United  States. 

Given  under  my  hand  this  day  of  a.d.  18  . 

A.  B. 

In  presence  of 

[Signature  of  witness.] 


6.  —Declaratory  Statement  for  Cases  where  the  Land  is  not  Sub - 
ject  to  Private  Entry. 

I,  A.  B.,  of  being  [the  head  of  a  family,  or  widow,  or  single  man 
over  the  age  of  twenty-one  years,  as  the  case  may  be,  a  citizen  of  the 
United  States,  or  having  filed  my  declaration  to  become  a  citizen,  as  re¬ 
quired  by  the  naturalization  laws,  as  the  case  may  be],  did,  on  the 
day  of  a.d.  18  settle  and  improve  the  quarter  of  section  No. 

in  township  No.  of  range  No.  in  the  district  of  lands  sub¬ 
ject  to  sale  at  the  land  office  at  and  containing  acres,  which  land 
lias  not  yet  been  offered  at  public  sale,  and  thus  rendered  subject  to  pri¬ 
vate  entry  ;  and  I  do  hereby  declare  my  intention  to  claim  the  said  tracl 


6 14 


HOW  TO  BE  YOUR  OWN  LAWYER. 


of  land  as  a  pre-emption  right,  under  the  provisions  of  said  act  of  4tli 
September,  1841. 

Given  under  my  hand  this  day  of  a.d.  18  .  A.  B. 

In  presence  of 

[Signature  of  witness.] 

7.— Affidavit  to  be  Filed  in  Cases  where  the  Settler  shall  have  Died 
before  Proving  up  and  Entering  his  Claim. 

I,  A.  B.  [executor  of  the  estate  of  E.  F.,  or  administrator  of  the  estate 
of  E.  F.,  or  one  of  the  heirs  of  E.  F.,  aged  years,  as  the  case  may 
be],  do  solemnly  swear  [or  affirm,  as  the  case  may  be]  that  the  said 
E.  F.,  to  the  best  of  my  knowledge  and  belief,  entered  upon  the 
quarter  of  section  No.  of  township  No.  of  range  No.  subject 
to  sale  at  in  his  own  right,  and  exclusively  for  his  own  use  and  ben¬ 
efit  ;  and  that  he  has  not,  directly  or  indirectly,  made  any  contract  or 
agreement,  in  any  way  or  manner,  with  any  person  or  persons  whatever, 
by  which  the  title  to  the  land  which  he  might  have  acquired  from  the 
Government  of  the  United  States,  by  virtue  of  said  settlement,  under  the 
law  of  22d  June,  1838  [or  1st  June,  1840,  as  the  case  may  be],  should  in¬ 
ure  to  the  use  or  benefit  of  any  one  except  himself,  or  to  convey  or  trans¬ 
fer  the  said  land,  or  the  title  which  he  might  have  acquired  to  the  same, 
to  any  other  person  or  persons  whatever,  at  any  subsequent  time. 

A.  B.,  Executor  of  the  estate  of  E.  F., 
[or  administrator  of  the  estate 
of  E.  F.,  or  one  of  the  heirs  of 
E.  F.,  as  the  case  may  be.] 

Sworn  to  and  subscribed  before  me  this  day  of  18  . 

C.  D.,  Register,  or 
G.  H.,  Receiver,  or 
L.  M.,  Justice  of  the  Peace. 

8— Application  for  Homestead. 

Land  Office  at 

[Date]  18  . 

Application  No. 

I,  A.  B.,  of  do  hereby  apply  to  enter,  under  section  2289  of  the 
Revised  Statutes  of  the  United  States,  the  of  section  in  township 
of  range  containing  acres. 

A.  B. 

9.— Affidavit  required  of  Homestead  Claimant. 

Land  Office  at 

[Date]  18  . 

I,  A.  B.,  of  having  filed  my  application  No.  for  an  entry  undei 
section  2289  of  the  Revised  Statutes  of  the  United  States,  do  solemnly 


HOW  TO  BE  YOUR  OWN  LAWYER. 


315 


swear  that  [here  state  whether  the  applicant  is  the  head  of  a  family,  or 
over  twenty-one  years  of  age  ;  whether  a  citizen  of  the  United  States,  ol 
has  filed  a  declaration  of  intention  of  becoming  such ;  or,  if  undei 
twenty-one  years  of  age,  that  he  has  served  not  less  than  fourteen  days 
in  the  army  or  navy  of  the  United  States  during  actual  war ;  that  said 
application,  No.  is  made  for  his  or  her  exclusive  benefit ;  and  that 
said  entry  is  made  for  the  purpose  of  actual  settlement  and  cultivation, 
and  not,  directly  or  indirectly,  for  the  use  or  benefit  of  any  other  person 
or  persons  whomsoever],  and  that  I  have  not  heretofore  had  the  benefit 
of  said  section  2289.  A.  B. 

Sworn  to  and  subscribed  this  day  of  before 

[Signature.] 
Register  [or  Receiver.] 

10.— Notice  of  Intention  to  Make  Final  Proof. 

Land  Office  at 

[Date]  18  . 

I,  A.  B.,  of  who  made  homestead  application  No.  [or  pre¬ 
emption  declaratory  statement  No.  ],  for  the  do  hereby  give 
notice  of  my  intention  to  make  final  proof  to  establish  my  claim  to  the 
land  above  described,  and  that  I  expect  to  prove  my  residence  and 
cultivation  before  at  on  18  by  two  of  the  following 
witnesses  : 

E.  F.,  of 

G.  H.,  of 

J.  K.,  of 

L.  M.,  of  .  A.  B. 

11— Commuted  Homestead  Affidavit. 

I,  A.  B.,  claiming  the  right  to  commute,  under  section  2801  of  the 
Revised  Statutes  of  the  United  States,  my  homestead  entry  No.  made 
upon  the  section  township  range  do  solemnly  swear  that 
I  made  settlement  upon  said  land  on  the  day  of  18  and  that 
since  such  date,  to  wit,  on  the  day  of  18  I  have  built  a  house 

on  said  land,  and  have  continued  to  reside  therein  up  to  the  present 
time  ;  that  I  have  broken  and  cultivated  acres  of  said  land,  and  that 
no  part  of  said  land  has  been  alienated,  except  as  provided  in  section 
2288  of  the  Revised  Statutes,  but  that  I  am  the  sole  bona  fide  owner  as  an 
actual  settler. 

I  further  swear  that  I  have  not  heretofore  perfected  or  abandoned  an 
entry  made  under  the  homestead  laws  of  the  United  States.  A.  B. 

Land  Office 

Subscribed  and  sworn  to  before  me  this  day  of 
[Signature.] 

Register. 


316 


HOW  TO  BE  TOUR  OWN  LAWYER. 


12— Adjoining  Farm  Homestead. 

AFFIDAVIT. 

Land  Office  at 

[Date]  18  . 

I,  A  B.,  of  having  filed  my  application  No.  for  an  entrj 
under  the  provisions  of  the  act  of  Congress  approved  May  20,  1862, 
entitled  ‘ 4  An  Act  to  secure  homesteads  to  actual  settlers  on  the  public 
domain,”  do  solemnly  swear  that  [here  state  whether  the  applicant 
is  the  head  of  a  family,  or  over  twenty-one  years  of  age  ;  whether  a 
citizen  of  the  United  States,  or  has  filed  his  declaration  of  intention  of 
becoming  such  ;  or,  if  under  twenty-one  years  of  age,  that  he  has  served 
not  less  than  fourteen  days  in  the  army  or  navy  of  the  United  States 
during  actual  war] ;  that  said  entry  is  made  for  my  own  exclusive 
benefit,  and  not  directly,  or  indirectly,  for  the  benefit  or  use  of  any  other 
person  or  persons  whomsoever ;  neither  have  I  heretofore  perfected 
or  abandoned  an  entry  made  under  this  act ;  that  the  land  embraced  in 
said  application  No.  is  intended  for  an  adjoining  farm  homestead ; 
that  I  now  own  and  reside  upon  an  original  farm  containing  acres, 
and  no  more ;  that  the  same  comprises  the  of  section  township 
range  and  is  contiguous  to  the  tract  this  day  applied  for. 

A.  B. 

Sworn  to  and  subscribed  this  day  of  before 
[Signature.] 
of  the  Land  Office. 

13 —Final  Affidavit  Required  of  Adjoining  Farm  Homestead 
Claimants. 

I,  A.  B.,  having  made  a  homestead  entry  of  the  section  No.  in 
township  No.  of  range  No.  subject  to  entry  at  for  the  use  of 
an  adjoining  farm  owned  and  occupied  by  me  on  the  of  section  No. 

in  township  No.  of  range  No.  under  section  2289  of  the  Re¬ 
vised  Statutes,  do  now  apply  to  perfect  my  claim  thereto  by  virtue  of 
section  2291  of  the  same,  and  for  that  purpose  do  solemnly  that  I  am 
a  citizen  of  the  United  States  ;  that  I  have  continued  to  own  and  occupy 
the  land  constituting  my  original  farm,  having  resided  thereon  since  the 
day  of  18  to  the  present  time,  and  have  made  use  of  the  said 
entered  tract  as  a  part  of  my  homestead,  and  have  improved  the  same  in 
the  following  manner,  viz. ,  That  no  part  of  said  land  has  been  alien¬ 
ated,  but  that  I  am  the  sole  Iona  fide  owner  as  an  actual  settler :  that  I 
will  bear  true  allegiance  to  the  Government  of  the  United  States  ;  and, 
further,  that  I  have  not  heretofore  perfected  or  abandoned  an  entry  un¬ 
der  the  homestead  laws.  A.  B. 

I,  of  the  land  office  at  do  hereby  certify  that  the  above  affidavit 
was  taken  and  subscribed  before  me  this  day  of  18  . 

[Signature.] 


HOW  TO  BE  YOUR  OWN  LAWYER. 


317 


14.—  Pre-emption  Homestead  Affidavit. 

I,  A.  B.,  Laving  changed  my  pre-emption  declaratory  statement  No. 
filed  the  day  18  alleging  settlement  the  day  of  18  fo i 
the  section  No.  in  township  No.  of  range  No.  to  home* 
stead  entry  original  No.  district  of  lands  subject  to  entry  at  undei 
the  act  of  Congress  approved  March  3,  1877,  and  May  27,  1878,  do  sol¬ 
emnly  swear  that  I  have  never  had  the  benefit  of  any  right  of  pre-emption 
under  section  2259  of  the  Revised  Statutes  of  the  United  States  ;  that  I 
have  not  heretofore  filed  a  pre-emption  declaratory  statement  for  another 
tract  of  land ;  that  I  was  not  the  owner  of  three  hundred  and  twenty 
acres  of  land  in  any  State  or  Territory  of  the  United  States  at  any  time 
daring  the  above-mentioned  period  of  settlement  under  the  pre-emption 
statutes  ;  that  I  did  not  remove  from  my  own  land  within  the  State  of 
to  make  the  settlement  above  referred  to  ;  nor  have  I  settled  upon 
and  improved  said  land  to  sell  the  same  on  speculation,  but  in  good  faith 
to  appropriate  it  to  my  exclusive  use  or  benefit ;  and  that  I  did  not,  dur¬ 
ing  the  period  of  pre-emption  settlement  above  mentioned,  directly  or 
indirectly,  make  any  agreement  or  contract,  in  any  way  or  manner,  with 
auy  person  or  persons  whatsoever,  by  which  the  title  which  I  might  ac¬ 
quire  from  the  Government  of  the  United  States  would  inure,  in  whole 
or  in  part,  to  the  benefit  of  any  person  except  myself.  A.  B. 

I,  0.  D.,  of  the  land  office  do  hereby  certify  that  the  above  affidavit 
was  subscribed  and  sworn  to  before  me  this  day  of  18  . 

C.  D. 

15—  Application  for  Additional  Homestead. 

Application  \  Land  Office  at 

No.  f  [Date]  18  . 

I,  of  do  hereby  apply  to  enter,  under  the  act  of  March  3,  1879, 
the  of  section,  in  township  of  range  containing  acres,  as 
additional  to  m)  entry  No.  for  the  of  section  in  township 
of  range 

16.— Affidavit  Required  of  Applicant  for  Additional  Homestead. 

Land  Office  at 

[Date]  18  . 

I,  A.  B.,  of  having  filed  my  application  No.  for  an  entry  under 
the  act  of  March  3,  1879,  do  solemnly  swear  that  [here  state  whether  the 
applicant  is  the  head  of  a  family,  or  over  twenty-one  years  of  age ; 
whether  a  citizen  of  the  United  States,  or  has  filed  his  declaration  or  in¬ 
tention  of  becoming  such  ;  or,  if  under  twenty-one  years  of  age,  that  he 
has  served  not  less  than  fourteen  days  in  the  army  or  navy  of  the  United 
States  during  actual  war  ;]  that  said  application  No.  is  made  for  my 
exclusive  benefit ;  and  that  said  entry  is  made  for  the  purpose  of  actual 
settlement  and  cultivation,  and  not,  directly  or  indirectly,  for  the  use  oi 


318 


HOW  TO  BE  YOUR  OWN  LAWYER. 


benefit  of  any  other  person  or  persons  whomsoever,  and  that  1  have  not 
heretofore  had  the  benefit  of  said  act. 

[Signature], 

Sworn  to  and  subscribed  this  day  of  before 

[Signature]. 

Register  and  Receiver. 

17— Soldiers’  Homestead  Declaration. 

No.  .  Land  Office  at 

[Date]  18  . 

I,  A.  B.,  do  hereby  declare  and  give  notice  that  I  claim  for  a  home¬ 
stead,  under  section  2304  of  the  Revised  Statutes  of  the  United  States, 
granting  homesteads  to  honorably  discharged  soldiers  and  sailors,  theil 
widows  and  orphans,  the  of  section  of  township  of  range 
containing  acres ;  and  I  further  declare  that  I  take  the  said  tract  of 
land  for  actual  settlement  and  cultivation  and  for  my  own  use  and  ben¬ 
efit.  A.  B. 

Per 

His  Attorney  in  fact. 

75.—  Soldiers’  Homestead  Application. 

Land  Office  at 

[Date]  18  . 

I,  A.  B.,  hereby  apply  to  enter,  under  section  2304  of  the  Revised  Stat¬ 
utes  of  the  United  States,  the  of  section  of  township  of  range 
containing  acres  ;  and  for  which  I  filed  my  declaration  on  the 
day  of  through  my  duly  appointed  agent.  A.  B. 

19.—  Soldiers’  Homestead  Affidavit. 

No.  .  Land  Office  at 

[Date]  18  . 

I,  A.  B.,  of  do  solemnly  swear  that  I  am  a  of  the  age  of  twenty- 
one  years,  and  a  citizen  of  the  United  States ;  that  I  served  for  ninety 
days  in  company  ,  regiment  United  States  volunteers  ;  that  I  was 
mustered  into  the  United  States  military  service  the  day  of  and 
was  honorably  discharged  therefrom  on  the  day  of  that  I  have 
since  borne  true  allegiance  to  the  government,  and  that  I  have  made  my 
application,  No.  to  enter  a  tract  of  land  under  section  2304  of  the  Re¬ 
vised  Statutes  of  the  United  States,  giving  homesteads  to  honorably  dis¬ 
charged  soldiers  and  sailors,  their  widows  and  orphan  children ;  that  I 
have  made  said  application  in  good  faith,  and  that  I  take  said  homestead 
for  the  purpose  of  actual  settlement  and  cultivation,  and  for  my  own  ex¬ 
clusive  use  and  benefit,  and  for  the  use  and  benefit  of  no  other  person 
or  persons  whomsoever  ;  and  that  I  have  not  heretofore  acquired  a  title 
to  a  tract  of  land  under  the  homestead  laws,  or  voluntarily  relinquished 


HOW  TO  BE  YOUR  OWN  LAWYER. 


319 


or  abandoned  an  entry  heretofore  made  under  said  laws:  so  help  m« 
God.  A.  B. 

Sworn  to  and  subscribed  before  me,  register  of  the  land  office  a* 
this  day  of  18  . 

C.  D.,  Register. 

20.— Soldiers’  Additional  Homestead  Entry  Application. 

No.  .  Land  Office  at 

[Date]  18  . 

I,  A.  B.,  of  county,  State  of  being  entitled  to  the  benefits  of 
section  2306  of  the  Revised  Statutes  of  the  United  States,  granting  addi¬ 
tional  lands  to  soldiers  and  sailors  who  served  in  the  war  of  the  Rebellion, 
do  hereby  apply  to  enter  the  of  section  of  township  of  range 

containing  acres,  as  additional  to  my  original  homestead  on 
the  of  section  of  township  of  range  containing  acres, 
which  I  entered  18  per  homestead  No.  .  A.  B. 

21—  Timber-Culture  Application  No.  — 

I,  A.  B.,  hereby  apply  to  enter,  under  the  provisions  of  the  act  of  Juno 
14,  1878,  entitled  “  An  Act  to  amend  an  act  entitled  ‘  An  Act  to  encour¬ 
age  the  growth  of  timber  on  the  Western  prairies/  ”  the  of  section 
in  township  of  range  containing  acres. 

A.  B. 

22.— Timber-Culture  Affidavit. 

Land  Office  at 

[Date],  18  . 

I,  A.  B.,  having  filed  my  Application  No.  for  an  entry  under  the 
pro visions  of  an  act  entitled  “  An  Act  to  amend  an  act  entitled  ‘  An  Act 
to  encourage  the  growth  of  timber  on  the  Western  prairies/”  approved 
June  14,  1878,  do  solemnly  that  I  am  the  head  of  a  family  [or  over 
twenty -one  years  of  age],  and  a  citizen  of  the  United  States  [or  have  de¬ 
clared  my  intention  to  become  such]  ;  that  the  section  of  land  specified 
in  my  said  application  is  composed  exclusively  of  prairie  lands,  or  other 
lands  devoid  of  timber ;  that  this  filing  and  entry  is  made  for  the 
cultivation  of  timber,  and  for  my  own  exclusive  use  and  benefit ;  that 
I  have  made  the  said  application  in  good  faith,  and  not  for  the  purpose 
of  speculation,  or,  directly  or  indirectly,  for  the  use  or  benefit  of  any 
other  person  or  persons  whomsoever  ;  that  I  intend  to  hold  and  cultivate 
the  land,  and  to  fully  comply  with  the  provisions  of  this  said  act ;  and 
that  I  have  not  heretofore  made  an  entry  under  this  act,  or  the  acts  of 
which  this  is  amendatory. 

A.  B 

8 worn  to  and  subscribed  before  me 
this  day  of  18  . 

[Signature  of  officer.] 


320 


HOW  TO  BE  YOUR  OWN  LAWYER. 


23.— Desert  Land  Declaration. 

No.  Land  Office  at 

[Date],  18  . 

I,  A.  B.,  of  county  of  being  duly  sworn  depose  and  declare, 
that  I  am  a  citizen  of  the  United  States,  of  the  age  of  and  a  resident 
of  said  county  and  and  by  occupation  a  that  I  intend  to  reclaim  a 
tract  of  desert  land,  not  exceeding  one  section,  by  conducting  water  upon 
the  same,  within  three  years  from  date,  under  the  provisions  of  the  act 
of  Congress  approved  March  8,  1877,  entitled  4 ‘An  Act  to  provide  for 
the  sale  of  desert  lands  in  certain  States  and  Territories.”  The  desert 
land  which  I  intend  to  reclaim  does  not  exceed  one  section,  and  is  sit¬ 
uated  in  county,  in  the  land  district,  and  is  described  as  follows, 
to  wit :  the  of  section  No.  township  No.  range  No.  con¬ 
taining  acres.  I  further  depose,  that  I  have  made  no  other  declara¬ 
tion  for  desert  lands  under  the  provisions  of  said  act ;  that  the  land 
above  described  will  not,  without  irrigation,  produce  an  agricultural 
crop  ;  that  there  is  no  timber  growing  upon  said  land  ;  that  there  is  not, 
to  my  knowledge,  within  the  limits  thereof,  any  vein  or  lode  of  quartz, 
or  other  rock  in  place,  bearing  gold,  silver,  cinnabar,  lead,  tin,  or  copper, 
or  any  deposit  of  coal ;  that  there  is  not  within  the  limits  of  said  land,  to 
my  knowledge,  any  placer,  cement,  gravel,  or  other  valuable  mineral  de¬ 
posit  or  salines  ;  that  no  portion  of  said  land  is  claimed  for  mining  pur¬ 
poses,  under  the  local  customs  or  rules  of  miners  or  otherwise  ;  that  no 
portion  of  said  land  is  worked  for  mineral  during  any  part  of  the  year  by 
any  person  or  persons ;  that  said  land  is  essentially  non-mineral  land ; 
that  I  became  acquainted  with  said  land  by  ;  and  that  my  declaration 
therefor  is  not  made  for  the  purpose  of  fraudulently  obtaining  title  to 
mineral  land,  timber  land,  or  agricultural  land,  but  for  the  purpose  of 
faithfully  reclaiming,  within  three  years  from  the  date  hereof,  by  con¬ 
ducting  water  thereon,  a  tract  of  land  which  is  desert  land  within  the 
meaning  of  the  act. 

A.  B. 

Land  Office  at 

[Date],  18 

I  hereby  certify  that  the  foregoing  declaration  was  this  day  sworn  to 
and  subscribed  before  me. 

C.  D.,  Register. 

E.  F.,  Receiver. 

24.— Desert  Land  Affidavit 

No.  Land  Office  at 

[Date],  18  . 

I,  A.  B.,  of  county  being  duly  sworn,  declare  upon  oath,  that 
I  am  a  resident  of  said  county  and  ;  that  I  am  of  the  age  of  and  by 
occupation  a  ;  that  I  am  well  acquainted  with  the  character  of  each 
and  every  legal  subdivision  of  the  following  described  land  :  the 


now  TO  BE  YOTJR  OWN  LAWYER. 


321 


section  No.  township  No.  range  No.  containing  acres  ;  that 
I  became  acquainted  with  said  land  by  ;  and  I  have  been  acquaint 
ed  with  it  for  years  last  past ;  that  I  have  frequently  passed  over  it ; 
that  my  knowledge  of  said  land  is  such  as  to  enable  me  to  testify  under- 
standingl}r  concerning  it ;  that  the  same  is  desert  land  within  the  mean¬ 
ing  of  the  second  section  of  the  act  of  Congress  approved  March  8,  1877, 
entitled  “An  Act  to  provide  for  the  sale  of  desert  lands  in  certain 
States  and  Territories  that  said  land  will  not,  without  artificial  irriga¬ 
tion,  produce  any  argricultural  crop  ;  that  no  agricultural  crop  has  ever 
been  raised  or  cultivated  on  said  land  for  the  reason  that  it  does  not  con¬ 
tain  sufficient  moisture  for  successful  cultivation  :  that  the  same  is  essenti¬ 
ally  dry  and  arid  land,  wholly  unfit  for  cultivation  without  artificial  irriga¬ 
tion  ;  that  said  land  can  not  be  successfully  cultivated  without  reclama¬ 
tion  by  conducting  water  thereon ;  that  said  land  has  hitherto  been 
unappropriated,  unoccupied,  and  unsettled,  because  it  has  been  impossi¬ 
ble  to  cultivate  it  successfully  on  account  of  its  dry  and  arid  condition  ; 
that  it  is  a  fact  well  known,  patent,  and  notorious,  that  the  same  will  not, 
in  its  natural  condition,  produce  any  crop,  that  the  land  is  the  ;  that 
there  is  no  timber  growing  thereon,  but  that  it  is  devoid  of  timber  ;  that 
there  is  not,  to  my  knowledge,  within  the  limits  thereof,  any  vein  or  lode 
of  quartz,  or  other  rock  in  place,  bearing  gold,  silver,  cinnabar,  lead, 
tin,  or  copper,  or  any  deposit  of  coal ;  that  there  is  not,  within  the  limits 
of  said  land,  to  my  knowledge,  any  placer,  cement,  gravel,  or  other  val¬ 
uable  mineral  deposit  or  salines  ;  that  no  portion  of  said  land  is  claimed 
for  mining  purposes  under  the  local  customs  or  rules  of  miners  or  other¬ 
wise  ;  that  no  portion  of  said  land  is  worked  for  mineral  during  any  part 
of  the  year,  by  any  person  or  persons  ;  that  said  land  is  essentially  non¬ 
mineral  land  ;  that  I  am  not  interested  in  any  way  or  manner,  directly 
or  indirectly,  present  or  prospective,  in  any  application  or  declaration 
made  or  to  be  made  for  said  land  or  in  the  land  itself,  or  in  the  title 
wdiicli  may  by  any  person  or  in  any  manner  be  acquired  thereto. 

A.  B. 

25. — Final  Proof  Under  the  Desert  Land  Act. 

[See  pre-emption  proof.] 

26. — Final  Proof  Under  the  Desert  Land  Act. 

[See  pre-emption  final  proof.] 

27.— Timber  and  Stone  Lands. 

Sworn  Statement. 

Land  Office  at 
[Date]  18 

I,  A.  B.,  of  county,  desiring  to  avail  myself  of  the  provisions  of 
^hc  Act  of  Congress  of  June  3,  1878,  entitled  “An  Act  for  the  sale  of 
timber  lands  in  the  States  of  California,  Oregon,  Nevada,  and  in  W ash* 
ington  Territory/’  for  the  purchase  of  the  of  section  township 
14* 


322 


HOW  TO  BE  YOUR  OWN  LAWYER. 


of  range  do  solemnly  that  I  that  the  said  land  is  unfit  foi 
cultivation,  and  valuable  chiefly  for  its  that  it  is  uninhabited  ;  that  it 
contains  no  mining  or  other  improvements  nor,  as  I  verily  believe, 
any  valuable  deposit  of  gold,  silver,  cinnabar,  copper,  or  coal ;  that  I 
have  made  no  other  application  under  said  Act ;  that  I  do  not  apply  to 
purchase  the  land  above  described  on  speculation,  but  in  good  faith  to 
appropriate  it  to  my  own  exclusive  use  and  benefit ;  and  that  I  have  not, 
directly  or  indirectly,  made  any  agreement  or  contract,  in  any  way  or 
manner,  with  any  person  or  persons  whomsoever,  by  which  the  title 
which  I  may  acquire  from  the  Government  of  the  United  States  may 
inure,  in  whole  or  in  part,  to  the  benefit  of  any  person  except  myself. 

A.  B. 

Sworn  to  and  subscribed  before  me 
this  day  of  18  [Signature  and  title  of  officer.] 


PROMISSORY  NOTES. 

[See  Commercial  Paper.] 


REAL  PROPERTY. 

Real  property  is  something  which  may  be  held  by  tenure,  or  which  will 
pass  to  the  heir  of  the  possessor  at  his  death. 

It  includes  lands,  tenements,  and  hereditaments,  or,  in  other  words,  it 
includes  the  land  and  ordinarily  whatever  is  erected,  or  growing,  upon 
the  same,  as  well  as  whatever  is  contained  within  it,  or  beneath  its  sur¬ 
face,  as  minerals,  etc.  Whatever  is  erected  on  the  land  by  the  owner  is 
real  property,  and  passes  with  the  land.  Growing  crops  planted  by  the 
owner  of  the  soil  are  real  property,  but,  if  sold  by  him  when  fit  for  har¬ 
vest,  they  become  personal  property.  Manure  made  upon  the  farm  in 
the  usual  manner,  by  consumption  of  its  products,  would  be  real  prop¬ 
erty  ;  so  also  whatever  is  fitted  for,  and  actually  applied  to,  real  estate,  if 
of  permanent  nature. 


RECEIPTS  AND  RELEASES. 

A  receipt  is  a  written  acknowledgment  of  payment  or  delivery  of 
money  or  property. 

It  is  made  by  the  party  receiving  the  money  or  goods.  A  receipt  is 
the  party’s  admission  of  the  delivery  to  him.  It  is  simply  presumptive 
evidence  of  the  delivery  and  not  conclusive  at  all  on  the  party.  The 


HOW  TO  BE  YOUR  OWN  LAWYER. 


323 


rule  which  applies  to  written  agreements,  that  they  can  not  he  varied  by 
parol  evidence,  does  not  apply  to  a  receipt ;  but  the  party  may  show  the 
circumstances  under  which  it  was  given,  and  may  avoid  its  effect  not 
only  by  showing  that  he  was  led  to  give  it  by  fraud,  or  by  some  serious 
mistake,  but  generally  by  any  clear  proof  that  the  money  receipted  for 
was  not  actually  paid. 

Receipts  “in  full”  of  a  specified  debt,  or  “in  full  of  all  accounts,”  or 
“  all  demands,”  are  much  more  conclusive,  and  though  not  then  operat¬ 
ing  as  a  release,  extinguishing  the  debt  itself,  still  are  evidence  of  a  com¬ 
promise  and  mutual  settlement  of  the  rights  of  the  parties.  Greater 
force  is  given  to  a  receipt  if  a  seal  is  affixed. 

A  receipt  is  evidence  in  any  matter  to  which  it  is  an  incident.  A 
receipt  can  not  be  demanded  as  a  condition  of  payment  of  a  debt,  nor  can 
the  party  receiving  payment  be  compelled  to  give  a  receipt.  It  is  always 
the  safer  course  to  pay  the  debt  in  the  presence  of  witnesses. 

Releases. 

A  release,  unlike  a  receipt,  is  the  giving  up  or  abandoning  a  claim  or 
right  to  the  person  against  whom  the  claim  exists  or  the  right  is  to  be 
exercised  or  enforced,  while  a  receipt  is  simply  evidence  which  may  show 
that  a  claim  is  extinguished,  but  does  not.  however,  itself  extinguish  it. 

A  release  can  not  be  varied  by  testimony  or  outside  evidence. 

In  general,  a  release  should  express  a  consideration  ;  and  it  is  usual  to 
state  a  nominal  consideration  if  there  is  no  other ;  and  the  instrument 
should  also  be  under  seal. 

A  release  by  one  of  several  persons  who  must  sue  together,  given  to 
one  of  several  persons  who  must  have  been  joined  as  defendants  if  an 
action  had  been  brought,  is  valid,  and  has  the  effect  of  discharging  all  the 
debtors,  if  it  be  under  seal ;  but  it  is  competent  for  the  parties  to  pre¬ 
vent  this  effect  by  expressing  in  the  release  that  it  is  not  to  discharge  the 
other  joint  debtors. 

Receipt  for  Money. 

Received  from  A.  B.  the  sum  of  dollars.  C.  D. 

[Date.  ] 

7.— Receipt  for  Chattels. 

Received  from  Y.  Z.  one  cart,  one  wagon,  one  plow,  one  harrow,  one 
bjack  horse  five  years  old,  known  as  Jack,  and  a  yoke  of  oxen,  hereto* 
fore  kept  by  said  Y.  Z.  on  his  farm  in 

[Date.] 


A.  B. 


324 


HOW  TO  BE  YOTJR  OWN  LAWYER. 


2.— Receipt  for  Papers. 

I  hereby  acknowledge  that  I  have  received  from  Y.  Z.  the  severa 
notes  [or  deeds,  or  contracts],  and  other  papers,  which  are  enumerated 
and  described  in  the  schedule  annexed. 

A.  B. 

[Date.] 

[Annex  list,  identifying  papers  by  dates,  parties’  names,  etc.] 

3— Receipt  for  Gash  Payment,  in  full  of  all  Demands. 

Received  from  A.  B.  the  sum  of  dollars,  in  full  of  all  demands 
against  him. 

C.  D. 

[Date.] 

4.— Receipt  for  Deeds  to  be  Safely  Kept  and  Restored. 

Received  from  A.  B.  two  several  deeds  or  conveyances,  one  of  them 
purporting  to  be  a  lease  of,  etc.,  [describing  it],  and  made  between,  etc.; 
the  other  of  them  to  be  a  warranty  deed,  of,  etc.,  and  made  between, 
etc.  For  which  several  deeds  of  writing,  I  hereby  engage  to  be  account¬ 
able,  and  to  redeliver  the  same  to  the  said  A.  B.  on  demand. 

Witness  my  hand  the  day  and  year  aforesaid. 

C.  D. 


5.— Receipt  for  Money  Paid  by  a  Third  Person. 

$  Received  from  A.  B.,  by  the  hand  of  E.  F.,  the  sum  of 
dollars.  C.  D. 

[Date.] 

6.— Receipt  for  Money  on  Behalf  of  a  Third  Person , 

$  Received  from  A.  B.  the  sum  of  dollars.  C.  D. 

per  E.  F. 

7 —A  Receipt  to  be  Endorsed  on  a  Written  Instrument. 

$  Received  from  A.  B.  the  sum  of  dollars,  being  [a  part  of]  the 
amount  due  upon  the  written  bond  [or  contractor  policy  of  insurance, 
etc.].  C.  D. 

[Date.] 

8 —Receipt  on  Account  Generally. 

$  Received  from  A.  B.  the  sum  of  dollars,  on  account. 

[Date.]  C.  D. 


HOW  TO  BE  TOUR  OWN  LAWYER. 


32o 


9.— Receipt  for  a  Quarter’s  Rent. 

$  Received  of  A.  B.  the  sura  of  dollars,  being  one  quarter’s 
rent,  due  this  day,  for  my  dwelling-house  and  estate,  No.  street,  now 
occupied  by  said  A.  B.  C.  D. 

[Date.]  __  .  - 

tOr-^eceipt  for  Interest  on  a  Bond. 


$  Received  of  A.  B.  the  sum  of  dollars,  being  the  annual  interest 
due  on  his  bond,  dated  the  day  of  18  given  to  me,  and  con¬ 
ditioned  for  the  payment  of  the  sum  of  two  thousand  dollars,  in  three 
years  from  date,  with  annual  interest  [which  payment  here  acknowl¬ 
edged,  I  promise  to  indorse  on  said  bond].  C.  D. 

[Date.] 


11.— Receipt  for  Part  of  the  Principal  of  a  Bond. 


$  Received  of  A.  B.  the  sum  of  dollars,  to  apply  on  his  bond., 
dated  the  day  of  18  given  to  me,  being  the  same  payment 
which  I  have  this  day  indorsed  on  said  bond.  C.  D. 

[Date.] 

12.— Receipt  for  Payment  for  Professional  Services. 

$  Received  from  A.  B.  the  sum  of  dollars,  for  professional  ser¬ 
vices  rendered  by  me  in  [state  the  nature  of  the  services].  C.  D. 

[Date.] 

13.— Receipt  for  Money  to  be  Paid  Over. 

$  Received  from  A.  B.  the  sum  of  dollars,  to  be  paid  to  the 
Bank  of  on  their  surrendering  a  note  which  they  hold,  made  by  said 
A.  B.,  dated  the  day  of  18  for  dollars  payable  days  after 
date.  C.  D. 


14.—  Receipt  for  Money  to  be  Disbursed. 

$  Received  from  A.  B.  the  sum  of  dollars,  to  be  expended  in 
necessary  travelling  expenses  and  disbursements  in  going  to  for  him 
to  obtain  letters  patent  [or  otherwise  state  the  nature  of  the  disbursements 
intended].  C.  D. 

[Date.] 

15  —Receipt  for  Money  to  be  Repaid. 

$  Received  from  A.  B.,  of  the  sum  of  dollars,  which  [ 
promise  to  repay  to  him  on  demand  [or,  in  days,  or,  months  ;  or,  on 
the  day  of  18  ].  C.  D. 

[Date.] 


326 


HOW  TO  BE  YOUK  OWN  LAWYER. 


16.—  Receipt  in  Full  of  a  Particular  Demand, 

$  Received  from  A.  B.  the  sum  of  dollars,  in  full  of  all  do 
mands  for  [state  nature  of  claim]  up  to  date  [or,  to  the  day  of 
18  ].  C.  D. 

[Date.] 

17.— Receipt  for  Stock  put  out  to  Winter. 

Received  from  A.  B.  head  of  horned  cattle,  viz.  :  cows  and 

young  oxen,  together  with  horses  and  swine,  which  I  promise  to 
keep  through  the  winter  and  feed  with  good  hay,  etc.,  and  return  in 
good  condition  on  the  first  day  of  next,  casualties  excepted,  he  pay* 
ing  me  dollars  each,  for  the  cattle  and  horses,  and  dollars  each  for 
the  swine. 

Witness  my  hand.  C.  D. 

18.—  General  Release  of  all  Demands. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  city  of  for 
and  in  consideration  of  the  sum  of  one  dollar  to  me  in  hand  paid  by 
C.  D.,  of  do  hereby  release  and  forever  discharge  the  said  C.  D.,  his 
heirs,  executors,  and  administrators,  of  and  from  all  actions,  causes  of  ac¬ 
tion,  suits,  controversies,  claims,  and  demands  whatsoever,  for  or  by 
reason  of  any  matter,  cause,  or  thing,  from  the  beginning  of  the  world 
down  to  the  day  of  18  . 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this 
day  of  one  thousand  eight  hundred  and 

In  presence  of  [Signature  and  seal.] 

[Witness’  signature.] 

19.— Mutual  General  Release. 

This  indenture,  made  this  day  of  18  between  A.  B.,  of 
of  the  one  part,  and  C.  D.,  of  of  the  other  part,  witnesses,  that  the 
said  A.  B.  and  C.  D.  have  this  day  cancelled  and  delivered  up  to  the  other 
certain  covenants,  bonds,  notes,  and  written  contracts,  upon  which  he 
claimed  to  have  demands  on  the  other  ;  the  said  claims  and  instruments 
so  cancelled  and  delivered  up  being  supposed  and  intended  to  be  all  the 
claims  and  evidence  of  claims  by  either  of  the  parties  hereto  on  the  other. 
And  in  consideration  thereof,  each  of  them,  the  said  A.  B.  and  C.  D., 
does  hereby,  for  himself  and  his  legal  representatives,  release,  and  abso¬ 
lutely  and  forever  discharge  the  other  of  and  from  all  claims  and  de¬ 
mands,  actions,  causes  of  action,  of  every  name  and  nature,  so  that  neither 
of  them  shall  have  any  claim  on  the  other,  directly  or  indirectly,  on  any 
contract,  or  supposed  liability,  or  thing  undertaken,  done,  or  omitted  to 
be  done,  from  the  beginning  of  the  world  to  this  day. 

In  testimony  whereof,  the  said  parties  have  hereto  interchangeably  set 
their  hands  and  seals  the  day  and  year  first  above  written. 

In  presence  of  [Signatures  and  seals.] 

[Signature  of  witness.] 


HOW  TO  BE  YOUR  OWN  LAWYER. 


327 


20— Release  Made  in  Pursuance  of  an  Award. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  city  of  for 
and  in  consideration  of  the  sum  of  one  d-ollar  to  me  in  hand  paid  by  C.  D. , 
of  and  in  pursuance  of  an  award  made  by  E.  F.,  G.  H.,  and  L.  M., 
arbitrators  between  us,  the  said  A.  B.  and  C.  D.,  and  bearing  date  the 
day  of  one  thousand  eight  hundred  and  do  hereby  release  and 
forever  discharge  the  said  C.  D.,  his  heirs,  executors,  and  administrators, 
of  and  from  all  actions,  causes  of  action,  suits,  controversies,  claims,  and 
demands  whatsoever,  for  or  by  reason  of  any  matter,  cause,  or  thing, 
from  the  beginning  of  the  world  down  to  [here  insert  the  date  of  the 
bonds  of  arbitration,  or  of  the  submission]. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this 
day  of  one  thousand  eight  hundred  and 

[Signature  and  seal.] 

[Witness’  signature.] 

21— Release  to  His  Guardian. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  son  and  heir  of 
deceased,  in  consideration  of  by  these  presents  remise,  release, 
and  forever  discharge  C.  D.  of  my  guardian,  of  and  from  all,  and  all 
manner  of  actions,  suits,  accounts,  debts,  dues,  and  demands  whatsoever, 
which  I  ever  had,  now  have,  or  which  I  or  my  executors  or  administra¬ 
tors  at  any  time  hereafter,  can  or  may  have,  claim,  or  demand  against  the 
said  C.  D.,  his  executors  or  administrators,  for,  touching,  or  concerning 
the  management  and  disposition  of  any  of  the  lands,  tenements,  or  hered¬ 
itaments  of  the  said  A.  B.,  situate,  etc.,  or  any  part  thereof,  or  for  or  by 
reason  of  any  money,  rents,  or  other  profits  by  him  received  out  of  the 
same,  or  any  payments  made  thereof,  during  the  minority  of  the  said 
A.  B.,  or  by  reason  of  any  matter,  cause,  or  thing  whatsoever,  from  the 
beginning  of  the  world  to  the  day  of  the  date  hereof. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this 
day  of  one  thousand  eight  hundred  and  .  A.  B.  [Seal.] 

22.— Release  by  One  Partner. 

In  consideration  of  the  sum  of  one  dollar  to  me  in  hand  paid  by  C.  D., 
of  I  do,  on  behalf  of  the  firm  of  A.  B.  &  Co.,  of  hereby  release, 
quit -claim,  and  forever  discharge  the  said  C.  D.  of  and  from  all  his  debts, 
dues,  claims,  and  demands,  which  the  said  firm  of  A.  B.  &  Co.  have 
against  the  said  C.  D.  [Signature  and  seal.] 

[Date.] 

23.— Release  of  a  Trust 

Whereas,  by  indenture  bearing  date  made  between  A.  B.,  of 
and  C.  D.,  of  in  which  said  indenture  the  said  A.  B.  doth  hereby  de 
clare  that  his  name  was  only  used  in  trust,  for  the  benefit  and  behoof  of 
C.  D.,  of  :  Now  know  ye,  that  I,  the  said  A.  B.,  in  discharge  of  the 
trust  reposed  in  me,  at  the  request  of  the  said  C.  D.,  have  remised,  ro 


328 


IIOW  TO  BE  YOUR  OWN  LAWYER. 


leased,  and  surrendered,  assigned,  and  set  over,  and  by  these  presents,  foi 
me,  my  executors  and  administrators,  do  freely  and  absolutely  remise, 
etc.,  unto  the  said  C.  D.,  his  executors,  etc.,  all  the  estate,  right,  title, 
interest,  use,  benefit,  privilege,  and  demand  whatsoever,  which  I, 
the  said  A.  B.,  have,  or  may  have,  or  claim,  of  or  to  the  said 
premises,  or  of  and  in  any  sum  of  money,  or  other  matter  or  thing  what¬ 
soever,  in  the  said  indenture  contained,  mentioned,  and  expressed  ;  so 
that  neither  I,  the  said  A.  B.,  my  executors  or  administrators,  or  any  of 
us,  at  any  time  hereafter,  shall  or  will  ask,  claim,  challenge,  or  demand, 
any  interest,  etc.,  or  other  thing,  in  any  manner  whatsoever,  by  reason 
or  means  of  the  said  indenture,  or  any  covenant  therein  contained,  but 
thereof  and  therefrom,  and  from  all  actions,  suits,  and  demands,  which 
I,  my  executors,  administrators,  or  assigns,  may  have  concerning  the 
same,  shall  be  utterly  excluded  and  forever  debarred  by  these  presents. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this 
day  of  one  thousand  eight  hundred  and  .  A.  B. 

24— Release  of  Dower  to  the  Heir. 

Know  all  men  that  I,  A.  B.,  etc.,  relict  of  late  of  for  and  in 
consideration  of  the  sum  of  dollars,  to  me  paid  by  my  son,  C.  B. ,  of 
the  reoeipt  whereof  I  do  hereby  acknowledge,  and  for  the  love  and 
affection  which  I  have  to  my  said  son,  have  granted,  remised,  released, 
and  forever  quit-claimed,  and  by  these  presents  do  grant,  remise,  release, 
and  forever  quit-claim  unto  the  said  C.  B.,  his  heirs  and  assigns  forever, 
all  the  dower  and  thirds,  right  and  title  of  dower  and  thirds,  and  all  other 
right,  title,  interest,  property,  claim,  and  demand  whatsoever,  in  law  and 
in  equity,  of  me,  the  said  A.  B.,  of,  in,  and  to  [here  insert  a  description  of 
the  property  released]  ;  so  that  neither  I,  the  said  A.  B.,  my  heirs,  exec¬ 
utors,  or  administrators,  nor  any  other  person  or  persons,  for  me,  them, 
or  any  of  them,  shall  have,  claim,  challenge,  or  demand,  or  pretend  to 
have,  etc. ,  any  dower  or  thirds,  or  any  other  right,  title,  claim,  or  de¬ 
mand,  of,  in  or  to  the  said  premises,  but  thereof  and  therefrom  shall 
be  utterly  debarred  and  excluded  forever  by  these  presents. 

In  witness,  [etc.  as  in  Form  23]. 

25.— Special  Release. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  city  of 
for  and  in  consideration  of  the  sum  of  one  dollar  to  me  in  hand  paid  by 
0.  D.,  of  do  hereby  release  and  forever  discharge  the  said  0.  D.,  his 
heirs,  executors,  and  administrators,  of  and  from  all  actions,  causes  of 
action,  suits,  controversies,  claims,  and  demands  whatsoever  by  reason 
[here  state  the  nature  of  the  matter  released]. 

Witness  my  hand.  A.  B. 

26 —Mutual  General  Release  by  Indenture. 

This  indenture,  made  this  day  of  between  A.  B.  of  county 
of  and  State  of  of  the  one  part,  and  0.  D.,  of  the  same  place,  ol 


HOW  TO  EE  YOUR  OWN  LAWYER. 


329 


the  other,  witnesseth  :  That  on  the  day  hereof,  the  said  A.  B.  and  C.  D. 
have  each  paid  to  the  other  the  sum  of  five  dollars  ;  and  each  of  them 
has  cancelled  and  delivered  up  to  the  other  certain  covenants,  bonds, 
notes  of  hand,  and  written  contracts,  upon  which  each  of  the  parties 
claimed,  and  pretended  to  have  divers  claims  and  demands  on  the  other ; 
the  said  claims  and  contracts,  so  cancelled  and  delivered  up,  being  sup¬ 
posed  and  intended  to  be  all  the  claims  and  evidence  of  claim  by  each  of 
the  parties  hereto  on  the  other.  And  in  consideration  thereof,  each  of 
them,  the  said  A.  B.  and  C.  D.,  does  hereby,  for  himself  and  his  legal 
representatives,  release,  and  absolutely  and  forever  discharge  the  other, 
of  and  from  all  claims  and  demands,  actions,  and  causes  of  action,  of 
every  name  and  nature,  so  that  neither  of  them  shall  have  any  claim  on 
the  other,  directly  or  indirectly,  on  any  contract,  or  supposed  liability, 
or  tiling  undertaken,  done,  or  omitted  to  be  done,  from  the  beginning  of 
the  world  to  this  day. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals  this 
day  of  one  thousand  eight  hundred  and 

A.  B.  [Seal.] 

C.  D.  [Seal] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signatures  of  witnesses.] 


27.— Release  made  in  Pursuance  of  an  Award. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  in  the  county  of 
and  State  of  have  remised,  released,  and  forever  quit-claimed, 
and  by  these  presents  do  remise,  release,  and  forever  quit-claim  unto  C. 
I).  of  in  the  said  county,  his  heirs,  executors,  and  administrators,  all 
actions,  cause  and  causes  of  action,  judgments,  suits,  controversies,  tres¬ 
passes,  debts,  duties,  damages,  accounts,  reckonings,  and  demands  what¬ 
soever,  for  or  by  reason  of  any  matter,  cause,  or  thing  whatsoever,  from 
the  beginning  of  the  world  to  the  day  of  last,  save  and  except  my 
right  to  redeem  a  certain  farm  now  in  mortgage  to  the  said  C.  D.,  at  the 
time,  under  the  terms,  and  in  the  manner  prescribed  in  and  by  a  certain 
award,  made  the  day  of  18  by  E.  F.,  of  the  said  on  a  refer¬ 
ence  to  him  of  all  disputes  between  me  and  the  said  C.  D. 

In  witness,  etc.  [as  in  Form  26]. 

A.  B. 

28.— Special  Release. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  for  and  in  con¬ 
sideration  of  the  sum  of  one  hundred  dollars  to  me  in  hand  paid,  by  C. 
I).,  of  said  city,  have  remised,  released,  and  forever  discharged,  and  by 
these  presents  do,  for  myself,  my  heirs,  executors,  administrators,  and 
assigns,  remise,  release,  and  forever  discharge  the  said  C.  D.,  his  heirs, 
executors,  and  administrators,  of  and  from  all  manner  of  action  and  ac¬ 
tions,  cause  and  causes  of  action,  suits,  debts,  dues,  sums  of  money, 
claims  and  demands  whatsoever,  in  law  or  in  equity,  which  I  ever  had. 


330 


now  TO  BE  YOUR  OWN  LAWYER. 


or  now  have,  or  which  I  or  ray  heirs,  executors,  administrators,  oi  as¬ 
signs,  hereafter  can,  shall,  or  may  have,  by  reason  of  any  matter,  cause, 
or  thing  whatever,  from  the  beginning  of  the  world  to  this  day,  arising 
out  of  any  dealings  or  transactions  between  myself  and  the  said  C.  D., 
at  my  store  in  the  city  of 

In  witness,  etc.  [as  in  Form  26], 

A.  B. 

29—  Release  from  Lien  of  Judgment. 

^Title  of  the  cause.] 

Judgment  for  dollars,  damages  and  costs.  Judgment  roll  filed 
and  judgment  docketed  on  the  day  of  18  in  the  office  of  the 
clerk  of 

In  consideration  of  dollars  to  me  in  hand  paid,  I  do  hereby  release 
and  discharge  the  lands  and  premises  hereinafter  described  from  all 
claim,  interest,  and  lien,  which  I  may  have,  by  virtue  of  the  above  men¬ 
tioned  judgment  and  any  proceedings  thereupon  [here  insert  a  descrip¬ 
tion  of  the  lands  and  premises]. 

Witness  my  hand  and  seal  this  day  of  18  . 

[Signature  and  seal.] 

[This  form  should  be  acknowledged  or  proved  as  in  case  of  a  deed. 
See  Acknowledgments.] 


RECOVERY  OF  DEBTS. 

Several  of  the  States  have  abolished  arrest  and  imprisonment  for  debt. 
In  all  the  States,  however,  if  it  can  be  shown  that  fraud  was  committed 
in  the  contraction  of  the  debt,  or  that  the  debtor  is  about  to  abscond,  ar¬ 
rest  and  imprisonment  are  still  allowed. 

Writ  of  attachment  and  the  garnishee  or  trustee  process  are  allowed 
quite  universally  throughout  the  States. 

By  the  trustee  or  garnishee  process,  a  person  who  has  money  or  prop¬ 
erty  in  his  possession  belonging  to  a  defendant,  which  money  or  prop¬ 
erty  has  been  attached  in  his  hands,  and  who  has  notice  of  such  attach¬ 
ment,  is  bound  to  keep  the  property  in  his  possession  to  answer  the 
plaintiff’s  claim  until  the  attachment  is  dissolved  or  he  is  otherwise  dis 
charged. 

The  following  are  the  laws  in  brief  of  the  States  and  Territories  in  to 
lation  to  Attachment,  Trustee,  or  Garnishee  process,  and  arrest  and  im 
prisonment  for  debt : 


HOW  TO  BE  YOUB  OWN  LAWYER. 


331 


Alabama. 


There  is  no  arrest  for  debt. 

Attachments  may  issue  for  the  collection  of  a  debt,  whether  due  01 
not ;  for  any  money  demand,  the  amount  of  which  can  be  certainly  ascer¬ 
tained,  to  recover  damages  for  the  breach  of  a  contract  where  the  dam¬ 
ages  are  not  certain  or  liquidated  :  upon  affidavit  made  by  the  creditor 
or  his  agent  that  the  debtor  absconds,  secretes  himself,  or  resides  out  of 
the  State,  so  that  process  can  not  be  served  upon  him,  or  is  about  to  re* 
move  his  property  out  of  the  State,  whereby  the  plaintiff  may  lose  his 
debt  or  be  compelled  to  sue  for  it  in  another  State  ;  or  that  the  debtor 
has  fraudulently  disposed  of,  or  is  about  fraudulently  disposing  of  his 
property  ;  or  that  he  has  money,  property,  or  effects  liable  to  satisfy 
his  debts,  which  he  fraudulently  withholds ;  and  stating  the  amount 
due,  and  that  the  attachment  is  not  sued  out  for  the  purpose  of  vexing 
or  harassing  the  debtor. 

A  non-resident  of  the  State  may  sue  out  an  attachment  against  the 
property  of  a  non-resident  for  an  existing  debt,  or  ascertained  liability. 

An  attachment  may  be  executed  by  summoning  any  person  indebted 
to  the  debtor  to  answer  how  much  he  is  or  will  be  indebted  to  such 
debtor  by  any  contract  then  existing,  or  what  property  he  has  in  his 
possession  or  under  his  control  belonging  to  such  debtor.  Judgment 
creditors  may  obtain  garnishment  process  against  any  one  indebted  to  or 
having  in  his  possession,  or  under  his  control,  property,  real  or  personal, 
upon  making  affidavit  that  such  process  is  necessary,  and  executing 
bond  as  in  attachment  cases. 

Attachments  may  be  executed  by  garnishing  any  person  indebted  to 
or  having  in  his  possession,  or  under  his  control,  property  belonging  to 
defendant. 


Arizona. 

Arrest  in  civil  cases  may  be  made  in  actions  upon  contract,  when  the 
defendant  is  about  to  depart  from  the  Territory  with  intent  to  defraud 
his  creditors,  or  when  he  has  been  guilty  of  fraud  in  contracting  the 
debt,  etc. ,  or  when  he  has  removed  or  disposed  of  liis  property,  or  is 
about  to  do  so,  with  like  intent.  In  an  action  for  wilful  injury  to  per¬ 
sons,  to  character,  or  property,  or  for  a  fine  or  penalty,  or  for  property 
embezzled  or  fraudulently  misapplied  or  converted  to  liis  own  use  by  a 
public  officer,  an  officer  of  a  corporation,  or  attorney,  factor,  broker, 
agent,  or  clerk,  or  any  other  person  acting  in  a  fiduciary  capacity. 

Attachments  may  issue  in  an  action  upon  a  contract  for  the  direct  pay¬ 
ment  of  money,  “  which  contract  was  made  or  is  payable  in  this  Terri¬ 
tory  ”  and  is  not  secured  by  mortgage,  lien,  or  pledge,  etc.,  or,  if  secured, 
the  security  has  been  rendered  nugatory  by  defendant,  and  in  all  cases 
brought  upon  contract  against  a  non-resident.  The  writ  will  be  levied 
by  the  sheriff,  and  when  levied  it  will  become  a  lien  upon  all  property  of 
the  defendant  in  the  Territory  not  exempt  from  execution.  This  writ 
operates  as  a  garnishment  when  served  by  the  sheriff  upon  a  debtor  of 
defendant  by  delivering  to  and  leaving  with  such  debtor  a  copy  of  the 


.132 


HOW  TO  BE  YOUR  OWN  LAWYER. 


writ  and  a  notice  that  the  debts  owing  by  him  to  defendant  are  attached. 
The  lien  of  the  attachment  operates  to  secure  any  judgment  which  may 
subsequently  be  recovered  in  the  action. 


Arkansas. 

The  assignee  is  appointed  by  the  debtor. 

The  plaintiff  in  a  civil  action  may,  at  or  after  commencement  thereof, 
have  an  attachment  against  the  property  of  the  defendant,  in  actions  for 
the  recovery  of  money,  where  the  action  is  against  a  defendant  or  several 
defendants,  who,  or  some  one  of  whom,  is  a  foreign  corporation  or  a 
non-resident  of  the  State,  notwithstanding  plaintiff’s  non-residency ;  or, 
who  has  been  absent  from  the  State  four  months  ;  or,  has  departed  from 
the  State  with  intent  to  defraud  his  creditors  ;  or,  has  left  the  county  of 
his  residence  to  avoid  the  service  of  a  summons  ;  or,  so  conceals  himself 
that  a  summons  can  not  be  served  upon  him  ;  or,  is  about  to  remove,  or 
has  removed  his  property,  or  a  material  part  thereof,  out  of  the  State, 
not  leaving  enough  therein  to  satisfy  the  plaintiff’s  claim,  or  the  claim  of 
defendant’s  creditors  ;  or,  has  sold,  conveyed,  or  otherwise  disposed  of 
his  property,  or  suffered  or  permitted  it  to  be  sold,  with  the  fraudulent 
intent  to  cheat,  hinder,  or  delay  his  creditors  ;  or,  is  about  to  sell,  con¬ 
vey,  or  otherwise  dispose  of  his  property,  with  such  intent.  But  an  at¬ 
tachment  shall  not  be  granted,  where  the  defendant  is  a  foreign  corpora¬ 
tion  or  a  non-resident,  for  any  claim  other  than  a  debt  arising  upon  con¬ 
tract. 

Where  there  is  more  than  one  defendant,  the  estate  or  interest  of  such 
defendant,  as  embraced  in  the  above  subdivisions,  is  subject  to  the  at¬ 
tachment. 

•  Under  a  writ  of  attachment  debts  due  the  defendant  may  be  gar¬ 
nished. 

The  creditor  may  have  an  attachment  before  his  debt  is  due,  when 
the  debtor  has  disposed  of  his  property  with  fraudulent  intent,  or  has  re¬ 
moved  it  out  of  the  State,  or  is  about  to  do  either. 

After  judgment,  garnishment  may  issue  against  any  one  owing  the  de¬ 
fendant. 


California. 

The  defendant  in  an  action  may  be  arrested  in  the  following  cases  :  1. 
In  an  action  for  the  recovery  of  money  or  damages  on  a  cause  of  action 
arising  on  contract  express  or  implied,  when  about  to  leave  the  State 
with  intent  to  defraud  his  creditors.  2.  For  money  or  property  embez¬ 
zled  or  fraudulently  misapplied  or  converted.  3.  In  an  action  for  prop¬ 
erty  where  some  part  of  it  has  been  concealed  or  disposed  of  to  prevent 
its  being  taken  by  sheriff.  4.  Where  debt  was  contracted  by  fraud.  5. 
Where  defendant  disposes  of  property  with  intent  to  defraud. 

Attachment  may  issue  when  the  defendant  in  the  action  resides  out  ol 
the  State,  or  in  an  action  upon  a  contract,  express  or  implied,  for  the  di 
rect  payment  of  money  in  the  State,  when  not  secured  by  mortgage,  lien, 
or  pledge  of  personal  property  ;  or,  if  so  secured,  when  such  security 


HOW  TO  BE  YOTJR  OWN  LAWYER. 


333 


has,  without  any  act  of  the  plaintiff,  or  the  person  to  whom  the  security 
was  given,  become  worthless. 

Whenever  a  cause  of  action  exists  on  a  claim  not  yet  due,  an  attacn 
ment  can  issue  to  secure  the  same. 

Any  debtor  cf  a  debtor,  or  person  having  in  possession  personal  prop¬ 
erty  of  such  debtor,  may  be  served  with  a  copy  of  the  execution  or  at¬ 
tachment,  and  thereupon  becomes  liable  to  pay  to  the  attaching  or  exe¬ 
cution  creditor  the  amount  of  his  indebtedness,  or  to  deliver  personal 
property  held  by  him,  etc.  Garnishees  may  also  be  brought  before  the 
court  or  a  referee  to  answer,  under  oath,  concerning  debts  due,  or  prop¬ 
erty  belonging  to,  the  judgment  or  attachment  debtor,  and  may  be  for¬ 
bidden  to  transfer  or  otherwise  dispose  of  such  debt  or  property  until  a 
suit  can  be  prosecuted  therefor  on  behalf  of  the  creditor,  and  disobedi¬ 
ence  of  such  order  may  be  punished  as  a  contempt. 

Colorado. 

Imprisonment  for  debt  is  abolished.  No  civil  action  can  be  begun  by 
arrest ;  but  in  actions  founded  upon  a  tort,  if  the  finding  shall  be  for  the 
plaintiff,  and  the  verdict  also  state  that  in  committing  the  tort  the  defend¬ 
ant  was  guilty  of  malice,  fraud,  or  wilful  deceit,  execution  may  issue 
against  the  defendant’s  body,  and  the  defendant  imprisoned  for  a  term 
not  exceeding  one  year,  or  until  the  amount  of  the  judgment  be  paid. 

Attachments  of  property  are  allowed  where  defendant  is  a  non-resident 
of  the  State  ;  where  defendant  is  a  foreign  corporation,  or  is  a  corpora¬ 
tion  whose  chief  office  or  place  of  business  is  out  of  this  State  ;  where 
defendant  conceals  himself,  or  stands  in  defiance  of  an  officer,  so  that 
process  of  law  can  not  be  served  upon  him ;  where  defendant  has  for 
more  than  four  months  been  absent  from  the  State,  or  that  for  such 
length  of  time  his  whereabouts  have  been  unknown  ;  where  he  is  about 
to  remove  his  property  or  effects,  or  a  material  part  thereof,  out  of  this 
State,  with  intent  to  defraud  or  delay  his  creditors,  or  some  one  or  more 
of  them  ;  where  he  has  fraudulently  conveyed,  transferred,  or  assigned 
his  property  or  effects  so  as  to  hinder  or  delay  his  creditors,  or  some  one 
or  more  of  them  ;  where  he  has  fraudulently  concealed,  removed,  or  dis¬ 
posed  of  his  property  or  effects  so  as  to  hinder  or  delay  his  creditors,  or 
some  one  or  more  of  them  ;  where  he  is  about  fraudulently  to  conceal, 
remove,  or  dispose  of  his  property  or  effects  so  as  to  hinder  or  delay  his 
creditors,  or  some  one  or  more  of  them  ;  where  such  debtor  has  departed, 
or  is  about  to  depart  from  this  State,  with  the  intention  of  having  his 
effects  removed  from  this  State  ;  where  he  has  failed  or  refused  to  pay 
the  price  or  value  of  any  article  or  thing  delivered  to  him,  which  he 
should  have  paid  for  upon  the  delivery  thereof ;  where  defendant  has 
failed  or  refused  to  pay  the  price  or  value  of  any  work  done,  or  for  any 
service  rendered  by  the  plaintiff,  at  his  request,  and  which  should  have 
been  paid  at  the  completion  of  such  work,  or  when  such  services  were 
fully  rendered ;  where  he  fraudulently  contracted  the  debt  or  fraudu¬ 
lently  incurred  the  liability  respecting  which  the  suit  is  brought,  or  by 
false  representations,  or  false  pretences,  or  by  any  fraudulent  conduct, 
procured  money  or  property  of  the  plaintiff.  Attachments  are  also  al 


HOW  TO  BE  YOCTR  OWN  LAWYER. 


33i 

lowed  in  all  actions  brought  upon  overdue  promissory  notes,  bills  of 
exchange,  other  written  instruments  for  the  direct  payment  of  money, 
and  upon  book  accounts. 

Writs  of  attachment  may  issue  upon  debts  not  due,  if  the  affidavit  states 
any  of  the  cases  mentioned  except  the  first,  second,  and  third.  Property  of 
defendant  not  exempt  may  be  attached,  and  debtors  garnished  in  same 
proceeding. 

After  issuing  and  return  of  an  execution,  upon  proof  by  affidavit  or 
otherwise,  to  the  satisfaction  of  the  judge,  that  any  person  has  property 
of  a  judgment  debtor,  or  is  indebted  to  him  in  an  amount  exceeding 
twenty -five  dollars,  the  judge  may,  by  an  order,  require  such  person  to 
appear  before  him  and  answer  concerning  the  same. 

Persons  may  also  be  summoned  as  garnishees  in  suits  brought  by  at¬ 
tachment,  before  judgment  is  rendered. 

Connecticut. 

Persons  may  be  arrested  for  fraud  or  torts  committed  by  them,  and  can 
give  bail  to  the  officer  making  the  arrest. 

Attachment  of  debtor’s  property  can  not  be  had  before  debt  is  due.  An 
attachment  is  served  by  attaching  the  goods  or  lands  of  the  defendant,  or, 
if  no  goods  can  be  found,  by  attaching  the  person  of  the  defendant  in 
the  following  cases :  If  he  is  guilty  of  fraud  in  contracting  the  debt,  or 
removes,  conceals,  assigns,  or  conveys  away  his  property  to  prevent  its 
being  taken  by  legal  process  ;  if  he  refuses  to  pay  any  debt  admitted  by 
him,  or  upon  which  a  legal  judgment  has  been  obtained,  when  he  has 
sufficient  property  to  satisfy  the  same,  concealed  or  withheld  to  avoid 
process,  or  refuses  to  disclose  what  property  he  may  have  subject  to  for¬ 
eign  attachment.  Goods  concealed  in  the  hands  of  agents,  so  that  they 
can  not  be  attached,  or  debts  due  from  any  person,  are  attachable  by  pro¬ 
cess  of  foreign  attachment.  Attachments  hold  until  the  execution  is 
levied,  provided  the  execution  be  levied  within  sixty  days  after  final 
judgment,  when  personal  estate  is  attached,  and  within  four  months, 
when  real  estate  is  attached.  No  assignment  of  future  earnings  can 
prevent  their  attachment,  when  earned,  unless  made  to  secure  a  bona  fide 
debt,  the  amount  of  which  is  therein  stated  and  the  term  definitely  lim¬ 
ited. 

Dakota. 

The  defendant  in  a  civil  action  may  be  arrested  in  the  following  cases : 
In  an  action  for  damages  on  a  cause  of  action  not  arising  out  of  contract, 
where  the  defendant  is  not  a  resident  of  the  Territory,  or  is  about  to  re¬ 
move  therefrom,  or  where  the  action  is  for  an  injury  to  person  or  char¬ 
acter,  or  for  injury  to,  or  wrongfully  taking,  detaining,  or  converting 
property  ;  in  an  action  for  a  fine  or  penalty,  or  on  a  promise  to  marry,  or 
for  money  received,  or  property  embezzled  or  fraudulently  misapplied, 
by  a  public  officer,  or  attorney,  or  other  person  in  a  fiduciary  capacity, 
or  for  any  misconduct  or  neglect  in  office,  or  in  a  professional  employ¬ 
ment  ;  in  an  action  for  the  recovery  of  the  possession  of  personal  prop 


HOW  TO  BE  YOUR  OWN  LAWYER. 


335 


erty,  where  the  same  is  disposed  of,  or  concealed,  to  prevent  the  same 
being  found  or  taken  by  the  sheriff  ;  also,  where  the  defendant  has  been 
guilty  of  a  fraud  in  contracting  the  debt  or  incurring  the  obligation  for 
which  the  action  is  brought,  or  has  removed  or  disposed  of  his  property, 
or  is  about  to  do  so,  with  intent  to  defraud  his  creditors.  But  no  female 
can  be  arrested,  except  for  a  wilful  injury  to  person,  character,  or  prop¬ 
erty.  Imprisonment  for  debt  is  abolished. 

Attachment  may  issue  in  an  action  arising  upon  contract  for  the  recov¬ 
ery  of  money  only  ;  or  in  an  action  for  the  wrongful  conversion  of  per¬ 
sonal  property,  against  a  foreign  corporation  ;  or  againt  a  defendant  who 
is  not  a  resident  of  this  Territory  ;  or  against  a  defendant  who  has  ab¬ 
sconded  or  concealed  himself ;  or  whenever  the  defendant  is  about  to 
remove  any  of  his  or  its  property  from  the  Territory  ;  or  has  assigned, 
disposed  of,  or  secreted,  or  is  about  to  assign,  dispose  of,  or  secrete  any 
of  his  or  its  property,  with  intent  to  defraud  his  creditors.  The  plaintiff, 
at  the  time  of  the  issuing  of  the  summons,  or  at  any  time  afterwards, 
may  have  the  property  of  the  defendant  attached  as  a  security  for  the 
satisfaction  of  such  judgment  as  he  may  recover. 

Attachments  may  be  issued  before  a  claim  is  due,  when  the  debtor  is 
about  to  dispose  of  his  property  or  remove  it,  with  fraudulent  intent  to 
defraud  his  creditors. 

Delaware. 

A  citizen  can  be  arrested  for  a  debt  over  fifty  dollars,  not  yet  due, 
upon  affidavit  of  the  creditor  that  such  debtor  is  about  to  leave  the  State, 
or  to  remove  his  property,  and  has  refused  to  give  security  for  the  debt. 

A  domestic  attachment  may  be  issued  against  an  inhabitant  upon  affi¬ 
davit  made  by  plaintiff  or  other  credible  person  and  filed  with  the  pro- 
thonotary,  “  that  the  defendant  is  justly  indebted  to  the  plaintiff  in  a  sum 
exceeding  fifty  dollars,  and  has  absconded  from  the  place  of  his  usual 
abode  or  gone  out  of  the  State  with  intent  to  defraud  his  creditors  or  to 
elude  process  as  is  believed.”  The  proceeds  of  sales  of  property  attached 
are  distributed  among  all  creditors. 

General  assignment  for  the  benefit  of  creditors  or  proceedings  under 
the  insolvent  law,  will  not  affect  levy,  under  either  execution  or  attach¬ 
ment,  prior  to  assignment. 

The  defendant  to  discharge  attachment  must  give  real  estate  security 
in  double  the  amount  of  the  debt  or  demand.  Attachment  can  not  issue 
on  immatured  claim. 

A  foreign  attachment  may  be  issued,  even  at  the  suit  of  a  non-resident 
plaintiff,  against  any  person  not  an  inhabitant,  upon  affidavit  as  above, 
“  that  the  defendant  resides  out  of  the  State  and  is  justly  indebted  to  the 
plaintiff  in  a  sum  exceeding  fifty  dollars.”  It  may  also  be  issued  against 
foreign  corporations.  The  plaintiff  has  the  benefit  of  his  own  discovery. 

District  of  Columbia. 

No  person  can  be  arrested  in  any  civil  suit,  or  imprisoned  for  any  debt 
except  corporation  fines,  and  then  for  not  more  than  ninety  days  for  each 
offence. 


336 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Writ  of  attachment  and  garnishment  may  be  issued  in  the  following 
cases  :  where  either  defendant  is  a  non-resident  of  the  District ;  or  evades 
service  of  ordinary  process  by  concealing  himself  or  withdrawing  from 
the  District  temporarily  ;  or  has  removed,  or  is  about  to  remove,  some  of 
his  property  from  the  District  to  defeat  just  demands.  Attachment  can 
not  issue  except  upon  suit  brought. 

The  thing  attached  shall  not  be  discharged  from  custody  of  officer 
seizing  it  until  defendant  shall  deliver,  either  to  the  officer  or  to  the  clerk, 
to  be  filed  in  the  cause,  his  undertaking,  with  sufficient  surety,  to  satisfy 
and  pay  final  judgment  of  court  against  him.  If  defendant  fail  to  ex¬ 
ecute  such  undertaking,  the  court  may  sell  the  thing  attached  whenever 
satisfied  that  it  is  in  the  interest  of  the  parties  it  should  be  sold  before 
final  judgment. 


Florida. 

There  is  no  arrest  upon  civil  process,  or  imprisonment  for  debt,  except 
in  case  of  fraud. 

Attachments  may  issue  where  it  appears  by  affidavit  of  the  party 
making  the  application  for  the  attachment  that  the  amount  of  the  debt 
or  sum  demanded  is  actually  due ;  and  there  is  reason  to  believe  the 
party  from  whom  it  is  due  will  fraudulently  part  with  property  be¬ 
fore  judgment  can  be  recovered,  or  is  actually  removing  property  out  of 
the  State  of  Florida,  or  about  to  remove  it  out  of  the  State,  or  reside  be¬ 
yond  the  limits  thereof,  or  is  actually  removing  or  is  about  to  remove 
out  of  the  State,  or  absconds  or  conceals  himself  or  herself,  or  is  secret¬ 
ing  his  or  her  property,  or  fraudulently  disposing  of  the  same. 

An  attachment  may  also  issue  in  all  cases  when  persons  are  actually 
removing  or  about  to  remove  beyond  the  judicial  district  in  which  he,  she, 
or  they  reside. 

When  any  executor  or  administrator  resides,  or  has  removed,  beyond 
the  limits  of  the  State,  and  there  are  assets  of  the  testator  or  intestate  in 
this  State,  it  may  be  lawful  for  any  person  having  a  debt  or  demand 
against  the  estate  of  the  deceased  to  take  out  an  attachment  against  such 
assets,  upon  making  oath  in  writing  that  the  debt  or  sum  demanded  is 
actually  due,  and  that  the  executor  or  administrator  resides  or  has  re¬ 
moved  beyond  the  limits  of  the  State. 

Writs  of  attachment  may  also  be  obtained  whether  the  debt  or  demand 
be  due  or  not ;  provided  that  the  same  will  become  due  within  nine 
months  from  the  time  of  applying  for  said  writs  of  attachment ;  and  pro¬ 
vided  also,  that  at  the  time  of  such  application  the  person  against  whom 
the  debt  or  demand  is  charged  shall  be  actually  removing  his  or  hei 
property  beyond  the  limits  of  the  State  ;  or  be  fraudulently  disposing  of 
or  seci  '.ting  the  same,  for  the  purpose  of  avoiding  the  payment  of  his  oi 
her  jus*  debts  and  demands. 

Writs  of  attachment  may  issue  from  courts  of  justice  of  the  peace 
where  the  sum  demanded  exceeds  five  dollars. 

Garnishment  process  may  issue  on  judgment  rendered,  whether  execu 
tion  issued  on  said  judgment  be  returned  or  not. 

It  is  also  competent  for  the  plaintiif,  at  any  time  after  the  commence 


HOW  TO  BE  YOUR  OWN  LAWYER. 


337 


ment  of  suit  and  before  final  judgment,  to  sue  out  a  writ  of  garnishment ; 
provided  the  plaintiff  in  action,  before  the  issuing  of  such  writ  of 
garnishment,  shall  be  required  to  make  affidavit  and  file  the  same  in  the 
office  of  the  clerk  or  with  the  justice  where  the  suit  is  pending,  that  he 
does  not  believe  that  the  defendant  will  have  in  his  possession  visible 
property  in  this  State  and  said  county  upon  w'hich  a  levy  could  be  made 
sufficient  to  satisfy  such  judgment  or  execution  which  he  believes  he  shall 
be  able  to  obtain  in  the  said  suit.  In  case  the  garnishment  is  issued  be¬ 
fore  final  judgment,  no  money  shall  be  paid  to  the  plaintiff  in  the 
original  suit  until  after  judgment  therein  in  his  favor. 

All  property  in  the  hands  of  the  garnishee  is  bound  by  the  process. 


Georgia. 

Imprisonment  for  debt  is  not  allowed  ;  but  where  a  plaintiff  in  actions 
for  the  recovery  of  personal  property  shall  make  affidavit  that  he 
has  reason  to  apprehend  that  said  personal  property  has  been  or  will 
be  eloigned  or  moved  away,  or  will  not  be  forthcoming  to  answer  the 
judgment,  etc.,  the  defendant  must  be  arrested  by  the  sheriff,  or  other 
proper  officer,  and  committed  to  jail,  unless  he  give  bond  with  good 
security  in  double  the  amount  claimed  in  the  plaintiff’s  affidavit,  or, 
upon  application  to  the  judge,  he  states  on  oath  that  he  is  neither  able  to 
give  the  security  required  by  law  nor  to  produce  the  property,  and  can 
furnish  satisfactory  reasons  for  its  non-production ;  and  he  shall  also 
traverse  the  plaintiff’s  statements  in  his  affidavit,  and  the  judge,  upon  the 
hearing,  shall  discharge  him  upon  his  own  recognizance  to  answer  the 
suit. 

Attachments  may  issue  in  the  following  cases,  whether  debt  is  due 
or  not :  1st.  When  the  debtor  resides  out  of  the  State.  2d.  When  he  is 
actually  removing,  or  about  to  remove,  without  the  limits  of  the  county. 
8d.  When  he  absconds.  4th.  When*  he  conceals  himself.  5th.  When 
he  resists  a  legal  arrest.  6th.  When  he  is  causing  his  property  to  be  re¬ 
moved  beyond  the  limits  of  the  State.  7th.  When  he  is  disposing  or 
threatens  to  dispose  of  or  conceals  his  property  liable  to  the  payment  of 
his  debts,  or  shall  make  a  fraudulent  lien  thereon  to  avoid  the  payment 
of  his  debts. 

Attachment  lies  at  any  time  to  recover  the  purchase-money,  when  due, 
of  property  sold,  the  property  itself  being  liable  to  seizure,  under  attach¬ 
ment,  and  a  lien  of  judgment  attaches  from  date  of  the  levy. 

The  attachment,  being  issued,  may  be  levied  on  any  property  of  the 
defendant ;  garnishment  may  also  be  served  on  persons  indebted  to  the 
defendant. 

Persons  served  with  garnishment  are  required  to  hold  money,  prop¬ 
erty,  and  effects  in  their  hands  belonging  to  the  defendant,  subject  to  the 
order  of  the  court  before  which  they  are  summoned  to  answer.  Judg¬ 
ment  having  been  obtained  against  the  defendant,  may  be  entered  also 
against  the  garnishee  if  he  have  effects  in  his  hands. 

All  journeymen,  mechanics,  and  day  laborers  are  exempt  from  garnish 
ment  on  their  daily,  weekly,  or  monthly  wages. 

15 


338 


HOW  TO  BE  YOUK  OWN  LAWYEK. 


Idaho. 

The  defendant  in  a  civil  action  may  be  arrested  :  in  an  action  for  th« 
recovery  of  money  or  damages  on  a  cause  of  action  arising  upon  con¬ 
tract,  where  the  defendant  is  about  to  depart  from  the  Territory  with  in¬ 
tent  to  defraud  his  creditors  ;  or  when  the  action  is  for  wilful  injury  to 
person,  to  character,  or  to  property,  knowing  the  property  to  belong  to 
another.  In  an  action  for  a  fine  or  penalty  ;  or  on  a  promise  to  marry  ; 
or  for  money  or  property  embezzled  or  fraudulently  misapplied  or  con¬ 
verted  to  his  own  use  by  a  public  officer,  or  an  officer  of  a  corporation, 
or  an  attorney,  factor,  broker,  agent,  or  clerk  in  the  course  of  his  em¬ 
ployment  as  such,  or  by  any  other  person  in  a  fiduciary  capacity  ;  or  for 
misconduct  or  neglect  in  office  or  in  a  professional  employment ;  or  for  a 
wilful  violation  of  duty.  In  an  action  to  recover  the  possession  of  per¬ 
sonal  property  unjustly  detained,  when  the  property  or  any  part  thereof 
has  been  concealed,  removed,  or  disposed  of,  to  prevent  its  being  found, 
or  taken  by  the  sheriff  ;  when  the  defendant  has  been  guilty  of  a  fraud 
in  contracting  the  debt,  or  incurring  the  obligation  for  which  the  action 
is  brought,  or  in  concealing  or  disposing  of  the  property  for  the  taking, 
detention,  or  conversion  of  which  the  action  is  brought ;  when  the  de¬ 
fendant  has  removed  or  disposed  of  his  property,  or  is  about  to  do  so, 
with  intent  to  defraud  his  creditors. 

The  sheriff  must  serve  upon  any  person  having  property  of  the  de¬ 
fendant  in  his  possession  a  copy  of  the  writ  of  attachment  or  execution, 
together  with  a  notice  that  such  property,  credits,  or  effects  are  attached. 
The  garnishee  must  make  answer  concerning  the  same  under  oath,  as  to 
whether  he  has  property  of  the  defendant  in  his  possession,  and  the 
amount.  If  the  plaintiff  is  dissatisfied  with  the  answer,  he  may  cause 
the  garnishee  to  appear  and  be  examined,  and  witnesses  may  be  intro¬ 
duced,  before  the  court  or  judge. 

The  plaintiff  may  have  the  property  of  the  defendant  attached  as  se¬ 
curity  for  the  satisfaction  of  any  judgment  that  may  be  recovered,  in  the 
following  cases :  In  an  action  upon  a  contract,  express  or  implied,  for 
the  direct  payment  of  money,  where  the  contract  is  not  secured  by  any 
mortgage  or  lien  upon  real  or  personal  property,  or  any  pledge  cf  per¬ 
sonal  property,  or,  if  originally  so  secured,  such  security  has  without 
any  act  of  the  plaintiff,  or  the  person  to  whom  the  security  was  given, 
become  valueless  ;  in  an  action  upon  a  contract  against  a  defendant  not 
residing  in  this  Territory. 

A  warrant  of  attachment  will  not  issue  unless  the  claim  is  due. 

When  the  property  of  the  defendant  is  in  the  form  of  a  debt,  credit, 
or  other  personal  property  not  capable  of  manual  delivery,  or  the  per¬ 
sonal  property  in  the  possession  of  another,  such  property  may  be  gar¬ 
nished. 

Illinois. 

No  person  shall  be  imprisoned  for  debt,  unless  upon  refusal  to  deliver 
up  his  estate  for  the  benefit  of  his  creditors,  or  in  cases  where  there  is 
strong  presumption  of  fraud.  On  the  return  of  an  execution  unsatisfied 


HOW  TO  BE  YOTJR  OWN  LAWYER. 


339 


In  whole  or  in  part,  the  defendant  may  be  arrested,  upon  affidavit  by  the 
judgment  creditor  that  demand  lias  been  made  upon  the  debtor  for  the 
surrender  of  his  property,  that  he  verily  believes  he  has  property  not  ex¬ 
empt  which  he  refuses  to  surrender,  or  that  since  the  debt  was  contracted 
or  the  cause  of  action  accrued  he  has  fraudulently  conveyed,  concealed, 
or  disposed  of  some  part  of  his  estate  with  a  design  to  secure  the  same  to 
his  own  use  or  to  defraud  his  creditors,  the  facts  being  stated  in  detail  in 
the  affidavit. 

Attachments  may  issue,  when  the  debt  exceeds  twenty  dollars,  in  the 
following  cases :  1.  Where  the  debtor  is  a  non-resident.  2.  When  he 
conceals  himself,  or  stands  in  defiance  of  an  officer,  so  that  process  can 
not  be  served  upon  him.  3.  Where  he  has  departed,  or  (4)  is  about  to 
depart  from  the  State,  with  the  intention  of  having  his  effects  removed 
therefrom.  5.  Where  he  is  about  to  remove  his  property  from  the  State 
to  the  injury  of  creditors.  6.  Where  he  has,  within  two  years  preceding 
the  filing  of  the  affidavit,  fraudulently  conveyed,  or  assigned,  or  (7)  con¬ 
cealed,  or  disposed  of  his  effects,  or  a  part  thereof,  so  as  to  hinder  or  de¬ 
lay  his  creditors.  8.  Where  he  is  about  fraudulently  to  conceal,  assign, 
or  otherwise  dispose  of  his  property  or  effects  so  as  to  hinder  or  delay  liis 
creditors.  9.  Where  the  debt  was  fraudulently  contracted. 

Whenever  an  execution  is  returned  unsatisfied,  and  it  shall  appear  upon 
affidavit  that  any  person  has  property  of  the  defendant  in  his  possession 
the  other  person  is  indebted  to,  or  has  effects  of  the  defendant,  such  per¬ 
son  may  be  summoned  as  garnishee.  The  wages  and  services  of  a  de¬ 
fendant  being  the  head  of  a  family,  and  residing  with  the  same,  to  an 
amount  not  exceeding  fifty  dollars,  are  exempt  from  garnishment.  In 
case  the  wages  or  services  of  such  defendant,  in  the  hand  of  the  gar¬ 
nishee,  exceed  fifty  dollars,  judgment  shall  be  given  only  for  the  excess 
above  such  amount.  No  person  is  liable  as  garnishee  whose  indebted¬ 
ness  is  evidenced  by  negotiable  paper  not  due,  in  the  hands  of  defendant. 

Indiana. 

A  defendant  in  a  civil  action  may  be  arrested  on  affidavit  showing  the 
plaintiff’s  right  to  recover,  and  that  the  defendant  is  about  to  leave  the 
State,  taking  with  him  property  subject  to  execution,  or  money,  with  in¬ 
tent  to  defraud  the  plaintiff. 

Process  of  attachment  may  be  had  at  the  commencement,  or  in  aid  of 
a  suit,  by  any  plaintiff,  either  resident  or  non-resident,  against  the  prop¬ 
erty  of  a  defendant,  where  the  action  is  for  the  recovery  of  money,  when 
the  defendant  is  a  foreign  corporation  or  a  non-resident,  secretes  himself, 
or  is  about  leaving  the  State,  or  is  removing  his  property  therefrom,  or 
has  sold  or  is  about  selling  or  disposing  of  his  property,  with  intent  to 
defraud  his  creditors.  Writs  of  attachment  issue  only  upon  the  proper 
affidavit  filed  and  written  undertaking  given  to  pay  the  defendant  all 
damages  he  may  sustain,  if  the  proceedings  of  the  plaintiff  shall  be 
wrongful  or  oppressive.  After  the  property  of  a  defendant  is  attached, 
any  other  creditors  may  file  their  claims  under  the  original  attachment 
by  entering  their  complaint,  affidavit,  and  bond,  at  any  time  before  final 
adjustment  of  the  suit.  If  judgment  be  rendered  in  attachment  and  tlia 


340 


HOW  TO  BE  YOUR  OWN  LAWYER. 


property  sold,  the  money  realized  from  sale  and  garnishees,  after  paying 
costs  and  expenses,  is,  under  direction  of  the  court,  paid  to  the  several 
creditors  pro  rata  on  the  amount  of  their  claims  as  adjusted. 

The  wages  of  laborers  are  an  exception  to  the  general  rule  of  attach¬ 
ment  above  given. 

Attachments  can  not  issue  upon  claims  not  due. 

If  at  the  time  an  order  of  attachment  issues,  or  at  any  time  before  or 
afterward,  the  plaintiff,  or  other  person  in  his  behalf,  shall  file  with  the 
clerk  an  affidavit  that  he  has  good  reason  to  believe  that  any  person 
named  has  property  of  the  defendant  in  his  possession  or  under  his 
control,  which  the  sheriff  can  not  attach  by  virtue  of  such  an  order ; 
or  that  he  is  indebted  to  the  defendant  or  has  control  or  agency  of 
any  money,  property,  credits,  or  effects  ;  or  that  defendant  has  any 
shares  or  interest  in  the  stock  of  any  association  or  corporation ; 
the  clerk  shall  issue  a  summons  to  such  person,  corporation,  or  asso¬ 
ciation,  to  appear  and  answer  as  garnishee  in  the  action.  From  the” 
service  of  summons  the  garnishee  is  accountable  to  plaintiff  for  the 
money,  property,  etc  ,  in  his  hands,  or  due  to  defendant.  The  gar¬ 
nishee  is  required  to  furnish  the  sheriff,  within  five  days  after  service,  a 
certificate  of  the  property,  etc.,  of  defendant  in  his  hands  or  due  to  him, 
to  be  returned  with  the  summons.  If  he  fails  or  refuses,  the  court  may 
require  him  to  appear  and  be  examined  under  oath,  or  proceed  against 
him  on  default  to  judgment.  He  may,  before  judgment  against  the  de¬ 
fendant,  by  delivery  of  all  the  defendant’s  property  in  his  possession  to 
the  sheriff,  or  payment  of  all  money  due  him  to  the  sheriff,  or  into  court, 
discharge  himself  from  the  suit  without  costs,  and  from  all  liability  to 
the  defendant  for  the  money  or  property  so  paid  or  delivered. 

The  wages  of  all  persons  in  the  employment  of  any  person  or  corpora¬ 
tion  are  exempt  from  garnishment  and  proceedings  supplemental  to  exe¬ 
cution,  in  the  hands  of  the  employer,  so  long  as  the  employe  remains  in 
such  employment,  not  exceeding  one  month’s  wages  at  any  one  time. 

Iowa. 

No  person  shall  be  imprisoned  for  debt  in  any  civil  action  on  mesne 
or  final  process,  unless  in  case  of  fraud. 

All  property  not  exempt  from  execution  may  be  attached  by  filing  a 
sworn  petition  verified  by  the  party  :  1st,  that  the  defendant  is  a  foreign 
corporation  or  acting  as  such  ;  or,  2d,  that  he  is  a  non-resident  of  the  State  ; 
or,  3d,  that  he  is  about  to  remove  his  property  out  of  the  State  without 
leaving  sufficient  remaining  for  the  payment  of  his  debts  ;  or,  4th,  that 
he  has  disposed  of  his  property  (in  whole  or  in  part)  with  intent  to  de¬ 
fraud  his  creditors  ;  or,  5th,  that  the  defendant  is  about  to  dispose  of  his 
property  with  intent  to  defraud  his  creditors  ;  or,  6th,  that  he  has  ab¬ 
sconded  so  that  the  ordinary  process  can  not  be  served  upon  him  ;  or,  7th, 
that  he  is  about  to  remove  permanently  out  of  the  county,  and  has  prop¬ 
erty  therein  not  exempt  from  execution,  and  that  he  refuses  to  pay  or  se¬ 
cure  the  plaintiff  ;  or,  8th,  that  he  is  about  to  remove  permanently  out  of 
the  State,  and  refuses  to  pay  or  secure  the  debt  due  the  plaintiff  ;  or,  9th, 
that  he  is  about  to  remove  hi3  property,  or  a  part  thereof,  out  of  tha 


HOW  TO  BE  YOUR  OWN  LAWYER. 


341 


county  with  intent  to  defraud  his  creditors  ;  or,  10th,  that  he  is  about  to 
convert  his  property,  or  a  part  thereof,  into  money,  for  the  purpose  of 
placing  it  beyond  the  reach  of  his  creditors ;  or,  11th,  that  he  has  prop¬ 
erty  or  rights  in  action  which  he  conceals  ;  or,  12th,  that  the  debt  is  dim 
for  property  obtained  under  false  pretenses. 

The  property  of  a  debtor  may  be  attached  before  the  debt  becomes  due. 
if  the  petition,  in  addition  to  that  fact,  states,  1st,  that  the  defendant  is 
about  to  dispose  of  his  property  with  intent  to  defraud  his  creditors  ;  or, 
2d,  that  he  is  about  to  remove  from  the  State,  and  refuses  to  make  any 
arrangements  for  securing  the  payment  of  the  debt  when  it  falls  due,  and 
which  contemplated  removal  was  not  known  to  the  plaintiff  at  the  time 
when  the  debt  was  contracted ;  or,  3d,  that  the  defendant  has  disposed 
of  his  property  in  whole  or  in  part  with  intent  to  defraud  his  creditors  ; 
or,  4th,  that  the  debt  incurred  for  property  obtained  under  false  pre¬ 
tenses. 

Attachment  by  garnishment  is  effected  by  leaving  with  the  person  a 
written  notice  that  he  is  required  not  to  pay  any  debt  due  by  him  to  de¬ 
fendant,  or  thereafter  to  become  due,  and  that  he  must  retain  possession 
of  all  property  of  said  defendant  then  or  thereafter  in  his  custody  or  un¬ 
der  his  control,  in  order  that  the  same  may  be  dealt  with  according  to 
law  ;  and  plaintiff  may  direct  sheriff  to  take  the  answers  of  garnishee  or 
to  require  him  to  appear  at  next  term  of  court  to  answer  such  interroga¬ 
tories  as  may  be  propounded  to  him.  A  valid  attachment  levied  before 
assignment  will  not  be  affected  thereby. 

The  garnishee  and  his  legal  representatives  may  be  held  for  money  ow¬ 
ing  to  defendant. 

Kansas. 

There  can  be  no  imprisonment  for  debt  except  in  cases  of  fraud.  An 
order  of  arrest  is  issued  by  the  clerk  to  the  plaintiff,  and  upon  the  plain¬ 
tiff  filing  an  affidavit  stating  the  nature  of  his  claim  and  showing  that  the 
defendant  has  removed,  or  begun  to  remove,  his  property  out  of  the 
jurisdiction  of  the  court  with  intent  to  defraud  his  creditors,  or  that  he 
lias  begun  to  convert  his  property  into  money  in  order  to  place  it  beyond 
the  reach  of  his  creditors,  or  that  he  lias  property  or  rights  in  action 
which  he  fraudulently  conceals,  or  that  he  has  assigned,  removed,  or  dis¬ 
posed  of,  or  has  begun  to  dispose  of  his  property  with  intent  to  defraud 
his  creditors,  or  that  he  fraudulently  contracted  the  debt  or  incurred  the 
obligation  for  which  the  suit  is  brought. 

In  an  action  for  the  recovery  of  money,  an  attachment  may  be  had 
against  the  property  of  the  defendant.  The  affidavit  of  the  plaintiff  must 
be  made  at  or  after  the  commencement  of  the  action,  stating  the  nature 
of  the  plaintiff's  claim,  that  it  is  just,  the  amount  which  the  affiant 
believes  the  plaintiff  ought  to  recover,  and  the  existence  of  some  one  or 
more  of  the  following  grounds  :  First,  when  defendant,  or  one  of  several 
defendants,  is  a  foreign  corporation  or  a  non-resident  of  the  State  (but  in 
this  case  for  no  other  claim  than  a  demand  arising  upon  contract,  judg¬ 
ment,  or  decree,  unless  the  cause  of  action  arose  wholly  within  the  limits 
of  this  State,  which  fact  must  be  established  on  the  trial) ;  or,  second, 
when  the  defendant,  or  one  of  several  defendants,  has  absconded  with 


342 


HOW  TO  BE  YOUR  OWN  LAWYER. 


the  intention  to  defraud  his  creditors  ;  or,  third,  when  the  defendant  liaa 
left  the  county  of  his  residence  to  avoid  the  service  of  a  summons  ;  or, 
fourth,  so  conceals  himself  that  a  summons  can  not  be  served  upon  him  ; 
or,  fifth,  is  about  to  remove  his  property  or  a  part  thereof  out  of  the 
jurisdiction  of  the  court,  wTith  the  intent  to  defraud  his  creditors ;  or, 
sixth,  is  about  to  convert  his  property  or  a  part  thereof  into  money  for 
the  purpose  of  placing  it  beyond  the  reach  of  his  creditors  ;  or,  seventh, 
has  property  or  rights  in  action  which  he  conceals  ;  or,  eighth,  has  as¬ 
signed,  removed,  or  disposed  of,  or  is  about  to  dispose  of,  his  property 
or  a  part  thereof,  with  the  intent  to  defraud,  hinder,  or  delay  liis  credi¬ 
tors  ;  or,  ninth,  fraudulently  contracted  or  incurred  the  debt,  liability, 
or  obligation  on  which  the  suit  is  brought ;  or,  tenth,  where  the  suit  *is 
brought  for  damages  arising  from  the  commission  of  some  felony  or  mis¬ 
demeanor,  or  the  seduction  of  any  female  ;  or,  eleventh,  when  the  debtor 
has  failed  to  pay  for  any  article  or  thing  delivered,  for  which  by  contract 
he  was  bound  to  pay  upon  delivery. 

Where  a  debtor  has  sold,  conveyed,  or  otherwise  disposed  of  his  prop¬ 
erty,  with  the  fraudulent  intent  to  cheat  or  defraud  his  creditors,  or  to 
hinder  or  delay  them  in  the  collection  of  their  debts,  or  is  about  to  make 
such  sale,  conveyance,  or  disposition  of  his  property  with  such  fraudu¬ 
lent  intent,  or  is  about  to  remove  his  property  or  a  material  part  thereof, 
with  the  intent  or  to  the  effect  of  cheating  or  defrauding  his  creditors,  or 
of  hindering  or  delaying  them  in  the  collection  of  their  debts,  a  creditor 
may  bring  an  action  on  his  claim  before  it  is  due  and  have  an  attachment 
against  the  property  of  the  defendant,  but  an  order  of  the  judge  of  the 
court  must  be  had  allowing  such  attachment. 

When  the  plaintiff,  his  agent  or  attorney,  shall  make  oath  in  writing 
that  any  person  or  corporation  has  property  of  the  defendant  in  his  pos¬ 
session,  or  is  indebted  to  him,  he  shall  leave  with  such  garnishee  a  copy 
of  the  order  of  attachment,  with  a  written  notice  that  he  appear  and 
answer,  to  be  served  personally,  or  by  copy  left  at  his  usual  place  of  resi¬ 
dence.  A  garnishee  may  pay  money  owing  to  defendant  to  sheriff  or 
into  court,  and  if  he  fails  to  answer  or  his  disclosure  is  not  satisfactory 
to  plaintiff,  or  if  he  fail  to  pay  money  into  the  court,  he  may  be  pro¬ 
ceeded  against  in  a  civil  action  by  the  plaintiff. 

Kentucky. 

A  defendant  in  a  civil  action  can  be  arrested  upon  the  affidavit 
of  the  plaintiff  showing :  The  nature  of  the  plaintiff’s  claim.  That 
it  is  just.  The  amount  or  value  which  the  alfiant  believes  the 
plaintiff  ought  to  recover.  That  the  affiant  believes  either,  that  the  de¬ 
fendant  is  about  to  depart  from  this  State,  and,  with  intent  to  defraud 
his  creditors,  has  concealed  or  removed  from  this  State  his  property,  or 
so  much  thereof  that  the  process  of  the  court  after  judgment  can  not  be 
executed  ;  or  that  the  defendant  has  money,  or  securities  for  money,  or 
evidences  of  debt  in  the  possession  of  himself,  or  of  others  for  his  use.  and 
is  about  to  depart  from  this  State  without  leaving  property  therein  suf¬ 
ficient  to  satisfy  plaintiff’s  claim.  To  effect  this,  bond  and  security  must 
be  given.  Bail  may  be  given  by  the  defendant  to  render  himself  amena- 


HOW  TO  BE  YOUR  OWN  LAWYER. 


343 


ble  to  the  process  of  the  court.  In  default  of  bail,  the  defendant  is  com 
milted  to  jail,  where  he  must  remain  until  he  pays  the  debt,  gives  bail, 
or  takes  the  insolvent  debtor’s  oath. 

The  plaintiff  may  have  an  attachment  against  tbe  property  of  the  de» 
fendant,  or  of  a  garnishee,  in  an  action  for  the  recovery  of  money,  where 
the  action  is  against :  1.  A  defendant,  or  several  defendants,  who,  or 
some  one  of  whom,  is  a  foreign  corporation,  or  a  non-resident  of  the 
State ;  or,  2.  Who  has  been  absent  therefrom  four  months ;  or,  8.  Has 
departed  from  the  State  with  intent  to  defraud  his  creditors  ;  or,  4.  Has 
left  the  county  of  his  residence  to  avoid  the  service  of  summons  ;  or,  5. 
So  conceals  himself  that  a  summons  can  not  be  served  upon  him  ;  or,  6. 
Is  about  to  remove  or  has  removed  his  property,  or  a  material  part 
thereof,  out  of  the  State,  not  leaving  enough  therein  to  satisfy  plaintiff’s 
claims,  or  the  claims  of  the  said  defendant’s  creditors  ;  or,  7.  Has 
sold,  conveyed,  or  otherwise  disposed  of  his  property,  or  suf¬ 
fered  or  permitted  it  to  be  sold,  with  the  fraudulent  intent  to 
cheat,  hinder,  or  delay  his  creditors  ;  or,  8.  Is  about  to.  sell,  con¬ 
vey,  or  otherwise  dispose  of  his  property  with  such  intent.  To 
obtain  an  attachment,  the  plaintiff  must  file  an  affidavit,  showing :  1. 
Nature  of  plaintiff’s  claim.  2.  That  it  is  just.  8.  The  amount  which 
the  affiant  believes  the  plaintiff  ought  to  recover  ;  and,  4.  The  existence 
of  some  one  of  the  grounds  above  enumerated. 

An  attachment  and  garnishment  may  also  be  granted  against  a  defend¬ 
ant  who  has  no  property  in  this  State  subject  to  execution,  where  the 
plaintiff’s  debt  would  be  endangered  by  delay. 

Louisiana. 

The  arrest  of  the  debtor  is  allowed  by  the  laws  of  Louisiana,  but  as  it 
only  secures  the  person  of  the  debtor  to  answer  the  suit  it  is  of  little 
value.  A  debtor  can  be  arrested  before  judgment,  upon  affidavit  that  he 
la  about  to  quit  the  State  without  leaving  in  it  sufficient  property  to  sat¬ 
isfy  the  judgment  which  the  creditor  expects  to  obtain. 

No  non-resident  can  be  arrested  in  this  State  at  the  suit  of  a  resident  or 
non-resident,  except  in  cases  where  it  shall  appear  by  the  oath  of  the 
creditor,  that  the  debtor  has  absconded  f  rom  his  residence.  Arrest  may 
be  ordered  on  all  demands  for  debt,  whether  liquidated  or  not,  when  the 
term  of  payment  has  expired  ;  and  even  for  damages  to  person  or 
property.  Writs  of  arrest  are  issued  upon  the  affidavit  of  the  creditor, 
his  agent  or  attorney,  that  the  debt  or  damages  which  he  claims,  and  the 
amount  of  which  he  specifies,  is  really  due,  and  that  he  verily  believes 
that  the  defendant  is  about  to  remove  from  the  State  permanently,  with¬ 
out  leaving  in  it  sufficient  property  to  satisfy  his  demand ;  and  that  lie 
does  not  take  the  oath  with  the  intention  of  vexing  the  defendant,  but 
only  to  secure  his  demand. 

Writs  of  attachment  will  issue  in  the  following  cases  ;  When  the  debtor 
resides  out  of  the  State,  or  has  permanently  left,  or  is  about  permanently 
to  leave  it ;  when  he  conceals  himself  iii  order  to  avoid  the  service  of  cita¬ 
tion  ;  when  he  has  mortgaged,  assigned,  or  disposed  of,  or  is  about  to 
mortgage,  assign,  or  dispose  of,  his  property,  rights,  or  credits,  or  some 


314 


HOW  TO  BE  YOUR  OWN  LAWYER. 


part  thereof,  with  intent  to  defraud  his  creditors,  or  give  an  unfaii 
preference  to  some  of  them  ;  when  he  has  converted,  or  is  about  to  con¬ 
vert,  his  property  into  money  or  evidences  of  debt,  with  intent  to  place 
it  beyond  the  reach  of  his  creditors  ;  vrhen  the  debtor  is  about  to  remove 
his  property  out  of  the  State  before  his  debt  becomes  due  and  demandabie. 
To  obtain  such  attachment,  the  creditor,  or  his  attorney  in  fact,  must 
swear  to  the  existence  of  the  debt  demanded  by  him,  and  that  he  verily 
believes  that  the  debtor  has  left  the  State  permanently,  or  is  on  the  eve 
of  leaving  the  State  permanently  ;  or  that  he  resides  out  of  the  State,  or 
that  he  conceals  himself  so  that  citation  can  not  be  served  on  him;  or  that 
he  has  mortgaged,  assigned,  or  disposed  of,  or  is  about  to  mortgage, 
assign,  or  dispose  of  his  property,  rights,  or  credits,  or  some  part  thereof, 
with  intent  to  defraud  his  creditors  or  give  an  unfair  preference  to  some 
of  them  ;  or  that  he  has  converted,  or  is  about  to  convert,  his  property 
into  money  or  evidences  of  debt,  with  intent  to  place  it  beyond  the  reach 
of  his  creditors  ;  or  that  he  is  about  to  remove  his  property  out  of  the 
State  before  the  debt  becomes  due. 

In  cases  of  attachment,  if  the  creditor  know  or  suspect  that  any  person 
has  property  in  his  possession  belonging  to  his  debtor,  or  that  he  is 
indebted  to  his  debtor,  he  may  make  such  person  a  party  to  the  suit,  by 
having  him  cited  to  declare  on  oath  what  property  belonging  to  the  de¬ 
fendant  he  has  in  his  possession,  or  in  what  sum  he  is  indebted  to  such 
defendant,  even  when  the  term  of  payment  has  not  arrived. 

Where  the  plaintiff  has  already  recovered  judgment,  and  has  reason  to 
believe  that  a  third  person  has  property  or  effects  in  his  possession,  or 
under  his  control,  belonging  to  the  defendant,  or  is  indebted  to  him,  lie 
may  cause  such  third  person  to  be  cited  to  answer,  under  oath,  such 
interrogatories  as  may  be  propounded  to  him  touching  the  said  property 
and  effects,  or  such  indebtedness.  After  proceedings,  the  garnishee  may 
be  condemned  to  deliver  up  such  property  as  may  be  found  in  his  hands 
belonging  to  the  defendant,  or  pay  such  amount  as  he  may  be  indebted 
to  him  to  a  sufficient  sum  to  satisfy  plaintiff’s  claims. 

Maine. 

Debtors  about  to  leave  the  State  may  be  arrested  by  special  writ,  upon 
affidavit  of  the  creditor  of  his  belief  that  the  debtor  is  about  to  depart 
and  reside  beyond  the  limits  of  the  State,  and  to  carry  with  him  means 
of  his  own  more  than  necessary  for  his  immediate  support. 

The  debtor  may  be  arrested  if  judgment  is  on  contract  for  not  less  than 
ten  dollars,  exclusive  of  costs.  Debtors  under  arrest  and  imprisonment 
on  execution  or  mesne  process  may  disclose  all  their  property  not  exempt 
from  attachment  for  the  creditor’s  benefit,  and  be  discharged  from  arrest 
by  justices’  courts  constituted  for  that  purpose. 

Any  personal  property  not  exempt,  and  of  any  interest  in  real  estate, 
may  be  attached.  Personal  property  may  be  appraised  and  sold  on  the 
writ  and  proceeds  held.  It  is  essential  to  an  attachment  of  real  estate 
that  the  plaintiff’s  claim  be  specified  particularly  in  the  declaration. 
Where  property  is  attached  in  a  suit  against  one  joint  owner,  any  othei 
may  have  it  appraised  and  give  bond  and  receive  it.  Incumbered  chat 


IIOW  TO  BE  YOUR  OWN  LAWYER. 


343 


tels  may  be  attached  by  paying  incumbrances.  No  attachment  can  ha 
made  until  debt  is  payable. 

All  personal  actions,  except  detinue,  replevin,  malicious  prosecution, 
slander,  libel,  and  assault  and  battery,  may  be  commenced  by  a  writ  in 
which  one  or  more  trustees  are  alleged  to  have  goods,  effects,  or  credits 
of  principal  defendant  in  his  hands,  when  damages  are  not  less  than  five 
dollars,  and  is  served  by  copy.  This  process  may  be  brought  in  munici¬ 
pal  courts  and  before  trial  justices.  Specific  goods  are  sold  by  the  officer 
in  other  cases.  No  person  is  to  be  charged  as  trustee  by  reason  of  nego¬ 
tiable  paper  ;  money  collected  by  him  as  an  otficer  ;  money  in  his  hands 
as  a  public  officer ;  money  due  only  on  a  contingency ;  money  due  on  a 
judgment  while  he  is  liable  to  an  execution ;  wages  not  over  twenty 
dollars,  of  himself,  earned  within  a  month,  unless  for  necessaries  ;  wages 
of  wife  or  minor  child  ;  when  service  was  by  leaving  copy,  and  payment 
made  before  actual  knowledge  of  service  ;  any  amount  due  for  board  of 
a  member  of  the  legislature  during  a  session.  Executors  and  adminis¬ 
trators  and  persons  receiving  fraudulent  conveyances  of  personal  prop¬ 
erty  may  be  held  as  trustees.  Trustees  are  charged  for  money  not  yet 
payable,  but  do  not  pay  before  the  time  fixed  by  the  contract. 

Maryland. 

Arrest  for  civil  obligations  is  abolished. 

Attachments  are  issued  against  any  kind  of  property  or  credits  belong¬ 
ing  to  the  defendant  in  the  following  cases :  Where  the  defendant  is  a 
non-resident  of  this  State  ;  where  he  absconds  ;  an  affidavit  that  defend¬ 
ant  is  bona  fide  indebted,  and  ha  s  absconded,  or  is  a  non-resident,  accom¬ 
panied  by  the  evidences  of  indebtedness  ;  that  is,  account,  note,  bond, 
etc.,  is  required  before  the  warrant  is  granted.  On  original  process 
based  on  account,  note,  bond,  or  other  evidence  of  debt,  with  affidavit 
made  before  clerk  of  court  from  which  attachment  shall  issue,  that 
defendant  named  in  writ  is  bona  fide  indebted,  and  that  plaintiff  knows 
or  has  reason  to  believe  that  the  debtor  is  about  to  abscond  from  this 
State ;  or  that  the  defendant  has  assigned,  disposed  of,  or  concealed,  or 
is  about  to  assign,  dispose  of,  or  conceal  his  property,  or  some  portion 
thereof,  with  the  intent  to  defraud  his  creditors  ;  or  that  the  defendant 
fraudulently  contracted  the  debt,  or  incurred  the  obligation  respecting 
which  the  action  is  brought ;  or  that  the  defendant  has  removed,  or  is 
about  to  remove,  his  property,  or  some  portion  thereof,  out  of  this  State 
with  the  intent  to  defraud  his  creditors.  An  execution  by  way  of  attach¬ 
ment  may  issue  at  any  time  within  twelve  years  from  date  of  judgment. 
Attachment  on  petition  and  proof  of  debt  incurred  by  a  married  woman, 
against  her  property  in  cases  where  it  has  been  earned  by  her  industry  or 
skill,  to  the  value  of  one  thousand  dollars  or  less.  In  actions  for  illegal 
arrest  or  false  imprisonment,  for  amount  of  damages  claimed.  The 
salary  of  a  public  officer,  or  employe  of  a  municipal  corporation,  or 
funds  in  hands  of  government  due  its  agents,  are  not  attachable ;  nor 
property  or  funds  in  custody  of  law ;  or  under  control  of  a  court,  in 
hands  of  its  trustee.  Wages,  hire,  or  salary  not  due  at  date  of  attach¬ 
ment,  of  whatever  kind,  can  not  be  attached,  and  the  sum  of  one  hundred 

15* 


346 


HOW  TO  BE  YOUR  OWN  LAWYER. 


dollars,  out  of  which  is  due,  is  exempted.  Justices  of  the  peace  have 
jurisdiction  in  attachments  where  the  claim  is  under  one  hundred 
dollars. 

Massachusetts. 

The  defendant  may  be  arrested  for  debt  if  the  plaintiff,  or  some  one  in 
his  behalf,  makes  affidavit  and  satisfactorily  proves  before  a  master  in 
chancery  or  certain  other  magistrates  :  first,  that  he  has  a  good  cause  of 
action,  and  reasonable  expectation  of  recovering  a  sum  amounting  to 
twenty  dollars,  exclusive  of  all  costs  which  have  accrued  in  any  former 
action ;  that  he  believes  the  defendant  has  property  not  exempt  from 
being  taken  on  execution,  which  he  does  not  intend  to  apply  to  the  pay¬ 
ment  of  the  plaintiff’s  claim ;  that  he  believes  that  the  defendant  intends 
to  leave  the  State,  so  that  execution,  if  obtained,  can  not  be  served  upon 
him. 

A  judgment  debtor  may  be  arrested  on  an  execution  amounting  to 
twenty  dollars  or  more,  exclusive  of  all  costs,  upon  affidavit  of  the  judg¬ 
ment  creditor,  or  in  his  behalf  ;  that  he  believes,  and  has  good  reason  to 
believe,  that  the  debtor  has  property  not  exempt  from  being  taken  on 
execution,  which  he  does  not  intend  to  apply  to  the  payment  of  the  plain¬ 
tiff’s  claim  ;  that  since  the  debt  was  contracted  the  debtor  lias  fraudu¬ 
lently  disposed  of  some  part  of  his  estate,  with  design  to  secure  the  same 
to  his  own  use  or  defraud  his  creditors  ;  or,  that  since  the  debt  was  con¬ 
tracted  the  debtor  has  lost  one  hundred  dollars,  or  more,  in  gambling ; 
or,  that  since  the  debt  was  contracted  the  debtor  has  wilfully  expended 
and  misused  his  goods  or  estate,  for  the  purpose  of  enabling  him  to  take 
the  poor  debtor’s  oath  ;  or,  that  the  debtor,  in  an  action  of  contract,  con¬ 
tracted  the  debt  with  the  intention  not  to  pay  the  same ;  or,  that  the 
debtor  is  an  attorney-at-law,  and  the  debt  is  for  money  collected  by  the 
debtor  for  the  creditor,  and  that  the  attorney  unreasonably  neglects  to 
pay  the  same. 

No  woman  can  be  arrested  on  any  civil  process  except  for  tort.  When 
the  judgment  debtor  is  a  woman,  she  may  be  examined  as  to  her  prop¬ 
erty  in  the  court  of  insolvency. 

All  real  and  personal  estate,  liable  to  be  taken  on  execution,  may  be 
attached  and  held  as  security  to  satisfy  such  judgment  as  the  plaintiff 
may  recover ;  but  no  attachment  of  real  estate  can  be  made  on  a  writ  re¬ 
turnable  before  a  trial  justice,  or  municipal,  district,  or  police  court,  un¬ 
less  the  debt  or  damage  demanded  exceeds  twenty  dollars. 

Where  the  attachment  is  of  live  animals,  or  of  property  perishable  or 
which  can  not  be  kept  without  too  great  expense,  the  same  may  be  sold 
and  the  proceeds  held  subject  to  the  attachment. 

Attachments  by  trustee  process  or  otherwise  may  be  dissolved  at  any 
time  before  final  judgment,  by  defendant’s  giving  bond  with  sureties, 
with  condition  to  pay  to  the  plaintiff  the  amount,  if  any,  he  may  recover, 
within  thirty  days  after  final  judgment,  or  within  the  same  time  after 
special  judgment,  if  such  is  given. 

An  attachment  may  also  be  dissolved  by  giving  a  bond  to  pay,  in  like 
manner,  the  value  of  the  property  attached.  And  in  trustee  process  by 
adverse  claimant  giving  bond  to  pay  the  sum  for  which  the  trustee  maj? 


HOW  TO  BE  YOUK  OWN  LAWYER.  347 

be  charged,  not  exceeding  the  value  of  the  property  in  his  hands,  or  so 
much  thereof  as  will  satisfy  the  amount  recovered. 

A  trustee  must  make  answer  upon  oath.  The  trustee,  with  some  ex¬ 
ceptions,  is  chargeable  if  a  debt  is  due,  although  not  payable  ;  provided 
it  is  absolutely  due  without  any  contingency.  When  the  debt  is  due  for 
anything  save  necessaries  for  defendant  and  his  family,  twenty  dollars 
is  exempt.  And  on  a  claim  for  necessaries  ten  dollars  is  exempt  of  the 
debtor’s  wages.  The  wages  of  the  wife  or  minor  children  of  the  defend¬ 
ant  can  not  be  taken  by  trustee  process  for  his  debts.  Any  amount  may 
be  held  by  trustee  process  ;  but  if  plaintiff  does  not  recover  ten  dollars, 
he  takes  no  cost  >. 

Michigan. 

A  warrant  may  be  issued  against  a  defendant  when  the  plaintiff  has  a 
demand  against  him  for  money  collected  as  a  public  officer,  or  for  mis¬ 
conduct  or  neglect  of  the  defendant  in  any  professional  employment  or 
public  office,  or  where  there  was  fraud  or  breach  of  trust,  or  where  the 
defendant  does  not  reside  in  the  State,  and  has  not  resided  therein  for 
one  month  previous  to  making  the  application.  In  either  case  the  appli¬ 
cation  must  be  based  on  affidavit. 

Attachment  may  issue  against  the  property  of  debtors  upon  affidavit 
of  the  plaintiff,  or  some  one  in  his  behalf,  stating  that  the  defendant 
therein  is  indebted  to  the  plaintiff,  and  specifying  the  amount  of  such  in¬ 
debtedness  as  near  as  may  be  over  and  above  all  legal  set-offs  (which 
amount  must  exceed  one  hundred  dollars),  and  that  the  same  is  due  upon 
contract  express  or  implied,  or  upon  judgment,  and  containing  a  further 
statement  that  deponent  knows  or  has  good  reason  to  believe  either  :  That 
the  defendant  has  absconded,  or  is  about  to  abscond  from  this  State,  or 
that  he  is  concealed  therein  to  the  injury  of  his  creditors ;  or  that  th6  de¬ 
fendant  has  assigned,  disposed  of,  or  concealed,  or  is  about  to  assign, 
dispose  of,  or  conceal  any  of  his  property  with  intent  to  defraud  his  cred¬ 
itors  ;  or  that  the  defendant  has  removed  or  is  about  to  remove  any  of 
his  property  out  of  this  State  with  intent  to  defraud  his  creditors  ;  or  that 
he  fraudulently  contracted  the  debt  or  incurred  the  obligation  respecting 
which  the  suit  is  brought ;  or  that  the  defendant  is  not  a  resident  of  this 
State,  and  has  not  resided  therein  for  three  months  immediately  preceding 
the  time  of  making  such  affidavit ;  or  that  the  defendant  is  a  foreign  cor¬ 
poration. 

Attachment  may  issue  in  justice’s  court  in  any  action  founded  on  a 
judgment  or  on  a  contract,  express  or  implied,  if  the  plaintiff  or  some 
one  in  his  behalf  shall  make  and  file  with  the  justice  an  affidavit  specify¬ 
ing  as  near  as  may  be  the  amount  due  to  him,  and  that  he  knows  or  has 
good  reason  to  believe  either :  That  the  defendant  has  assigned,  disposed 
of,  or  concealed,  or  is  about  to  assign,  dispose  of,  or  conceal  any  of  his 
property  with  the  intent  to  defraud  his  creditors  ;  or  that  he  is  about  to 
remove  any  of  his  property  from  the  county  in  which  such  application 
is  made,  or  from  the  county  where  the  defendant  resides,  with  the  like 
intent ;  or  that  he  has  removed  or  is  about  to  remove  himself  or  his  prop¬ 
erty  from  the  county,  and  refuses  or  neglects  to  pay  or  to  secure  the  pay 
meat  of  the  debts  ;  or  that  he  fraudulently  contracted  the  debt  or  incurred 


348 


HOW  TO  BE  YOUR  OWN  LAWYER. 


the  obligation  respecting  which  the  suit  is  brought ;  or  that  the  defend 
ant  has  absconded,  to  the  injury  of  his  creditors,  or  does  not  reside  is 
this  State,  and  has  not  resided  therein  for  one  month  immediately  preced* 
ing  the  time  of  making  the  application  ;  that  the  defendant  is  a  foreign 
corporation. 

Proceedings  against  garnishees  are  commenced  in  justices'  and  in 
circuit  courts  respectively,  by  filing  an  affidavit  of  the  plaintiff  either 
at  the  time  of  the  commencement  of  the  suit  or  at  any  time  during  its 
progress,  or  after  judgment,  stating  that  he  has  good  reason  to  believe, 
and  docs  believe,  that  any  person  has  property,  money,  goods,  chat¬ 
tels,  credits,  or  effects  in  his  hands  or  under  his  control  belonging  to 
the  defendant,  or  that  such  person  is  indebted  to  the  principal  defend¬ 
ant,  whether  it  be  due  or  not ;  that  the  defendant  is  justly  indebted  to 
the  plaintiff  in  a  given  amount  over  and  above  all  legal  set-offs,  and 
that  the  plaintiff  is  justly  apprehensive  of  the  loss  of  the  same,  unless  a 
writ  of  garnishment  issue  to  the  aforesaid  person,  a  writ  will  be  issued 
summoning  him  to  appear  before  the  court  on  some  day  not  less  than 
fourteen  days  from  the  date  of  issue,  and  disclose  in  writing  under  oath, 
and  file  with  the  clerk  of  the  court  his  liability  as  charged  in  the  affidavit ; 
and  the  issuing  of  such  writ  is  declared  to  be  the  commencement  of  a 
suit  against  such  garnishee. 

Twenty-five  dollars  due  to  any  householder  having  a  family,  for  his 
personal  services,  is  exempt  in  proceedings  by  garnishment. 

Proceedings  by  garnishment  may  be  commenced  by  any  person  who 
already  has  judgment  against  the  principal  defendant. 

Minnesota. 

Arrest  for  debt  is  not  allowed  in  this  State. 

Attachments  are  allowed  in  actions  for  recovery  of  money  against 
property  of  defendant,  at  time  of  issuing  summons,  or  any  time  there¬ 
after,  and  are  allowed  in  favor  of  residents  and  non-residents  without 
distinction,  on  same  grounds.  They  are  not  allowed  unless  a  cause  of 
action  has  accrued.  Writ  obtained  when  it  appears  by  affidavit  made  by 
the  plaintiff,  his  agent  or  attorney,  that  a  cause  of  action  exists  against 
the  defendant,  specifying  amount  and  ground  thereof  ;  that  defendant  is 
a  foreign  corporation  or  non-resident,  or  has  departed  from  the  State  as 
deponent  verily  believes,  with  intent  to  defraud  or  delay  his  creditors,  or 
to  avoid  service  of  summons,  or  keeps  himself  concealed  with  like  intent ; 
or  that  he  has  assigned,  secreted,  or  disposed,  or  is  about  to  dispose,  of 
his  property,  with  intent  to  delay  or  defraud  creditors,  or  that  the  debt 
was  fraudulently  contracted. 

In  a  justice's  court  a  writ  of  attachment  can  not  issue  except  in  case  of 
indebtedness  upon  a  contract  express  or  implied,  or  upon  judgment  or 
decree  of  some  court. 

In  any  action  in  a  court  of  record  or  justice's  court  for  the  recovery  of 
money,  if  plaintiff  or  his  attornejr,  at  time  of  filing  complaint  or  issuing 
summons,  or  at  any  time  during  pendency  of  action,  or  after  judgment, 
makes  and  files  with  clerk  of  court,  or,  if  iu  justice's  court,  with  the 
justice,  an  affidavit  stating  that  he  believes  any  person  (naming  him)  lias 


HOW  TO  BE  YOUR  OWN  LAWYER. 


34S 


property,  money,  or  effects  in  his  hands  or  under  his  control,  belonging 
to  defendant  in  such  action,  or  that  such  person  is  indebted  to  defendant, 
and  that  the  value  of  such  property  or  amount  of  indebtedness  exceeds 
twenty-tive  dollars,  if  the  action  is  in  a  court  of  record,  or  ten  dollars,  if 
in  a  justice’s  court,  a  summons  may  issue  against  such  person.  To  re¬ 
cover  judgment  against  the  garnishee  in  a  court  of  record,  the  property 
or  indebtedness  attached  and  the  judgment  against  the  defendant  must 
not  be  less  than  twenty-five  dollars,  exclusive  of  costs  ;  in  justice’s  court, 
not  less  than  ten  dollars.  The  indebtedness  referred  to  must  be  due  ab¬ 
solutely,  without  depending  on  any  contingency ;  must  not  be  on  a  judg¬ 
ment  if  the  garnishee  is  liable  to  an  execution  thereon,  and  must  not  be 
due  by  reason  of  any  liability  incurred  as  maker,  or  otherwise  upon  any 
draft,  bill  of  exchange,  or  promissory  note.  Wages  of  laboring  men  to 
amount  of  twenty  dollars  are  exempt  if  earned  within  three  months  of 
issuing  process. 

Mississippi. 

Arrest  for  debt  is  not  allowed  in  this  State. 

Attachments  may  issue  for  the  collection  of  all  debts,  the  claims  for 
damages  growing  out  of  the  breach  of  any  contract,  and  claims  founded 
on  any  of  the  penal  laws  of  this  State,  when  the  creditor  makes  and  files 
an  affidavit  setting  forth  the  amount  and  character  of  the  debt ;  or  that 
the  defendant  is  a  foreign  corporation,  or  a  non-resident  of  this  State  ;  or 
that  he  has  removed  or  is  about  to  remove  himself  or  his  property  out  of 
this  State  ;  or  that  he  so  absconds  or  conceals  himself  that  he  can  not  be 
served  with  a  summons  ;  or  that  he  contracted  the  debt  or  incurred  the 
obligation  in  conducting  the  business  of  a  ship,  steamboat,  or  other 
water-craft  in  some  of  the  navigable  waters  of  this  State  ;  or  that  he  has 
property  or  rights  in  action  which  he  conceals  and  unjustly  refuses  to 
apply  to  the  payment  of  his  debts  ;  or  that  he  has  assigned  or  disposed 
of,  or  is  about  to  assign  or  dispose  of,  his  property  or  rights  in  action,  or 
some  part  thereof,  with  intent  to  defraud  his  creditors ;  or  that  he  has 
con  verted,  or  is  about  to  convert,  his  property  into  money  or  evidences 
of  debt,  with  intent  to  place  it  beyond  the  reach  of  his  creditors  ;  or  that 
he  fraudulently  contracted  the  debt  or  incurred  the  obligation  for  wffiich 
suit  has  been  or  is  about  to  be  brought. 

Garnishment  may  be  taken  out  on  a  judgment  at  law  or  decree  in 
chancery.  Summons  issues  on  a  suggestion  by  the  plaintiff  that  any 
person  named  is  indebted  to  the  defendant,  or  has  any  effects  of  such  de¬ 
fendant  in  his  hands  or  possession. 


Missouri. 


Arrest  for  debt  not  allowed. 

Attachment  may  issue  when  it  appears  and  can  be  proven  that  the  de¬ 
fendant,  1st,  is  not  a  resident  of  this  State ;  or,  2d,  that  defendant  is  a 
corporation  whose  chief  office  or  place  of  business  is  out  of  this  State  ; 
or,  3d,  that  defendant  conceals  himself  so  that  the  ordinary  process  of 
the  law  can  not  be  served  upon  him  ;  or,  4th,  that  defendant  has  al> 


350 


HOW  TO  BE  YOUR  OWN  LAWYER. 


econded  or  absented  himself  from  his  usual  place  of  abode  in  this  State, 
so  that  the  ordinary  prbcess  of  law  can  not  be  served  upon  him  ;  or,  5th, 
that  defendant  is  about  to  remove  his  property  or  effects  out  of  this  State 
with  intent  to  defraud,  hinder,  or  delay  his  creditors  ;  or,  6th,  that  de 
fendant  is  about  to  remove  out  of  this  State  with  the  intent  to  change  his 
domicile  ;  or,  7th,  that  defendant  has  fraudulently  conveyed  or  assig  ed 
his  property  or  effects  so  as  to  hinder  or  delay  his  creditors  ;  or,  8th,  tnat 
defendant  has  fraudulently  concealed,  removed,  or  disposed  of  his  prop¬ 
erty  or  effects  so  as  to  hinder  or  delay  his  creditors ;  or,  9th,  that  defend¬ 
ant  is  about  fraudulently  to  convey  or  assign  his  property  or  effects  so  as 
to  hinder  or  delay  his  creditors  ;  or,  10th,  that  defendant  is  about  fraud¬ 
ulently  to  conceal,  remove,  or  dispose  of  his  property  or  effects  so  as  to 
hinder  or  delay  his  creditors  ;  or,  11th,  that  the  debt  sued  for  was  con¬ 
tracted  out  of  this  State,  and  defendant  has  absconded  or  secretly 
removed  his  property  or  effects  to  this  State  ;  or,  12th,  that  the  damages 
for  which  the  action  is  brought  arose  from  the  commission  of  some 
felony,  or  misdemeanor,  or  the  seduction  of  a  female  ;  or,  18th,  that  de¬ 
fendant  has  failed  to  pay  the  price  or  value  of  the  article  or  thing 
delivered,  which  by  contract  he  was  bound  to  pay  upon  delivery ;  or, 
14th,  that  the  debt  sued  for  was  fraudulently  contracted  on  the  part  of 
the  defendant. 

The  attachment  may  be  levied  on  real  estate  as  well  as  personalty,  and 
debts  may  be  garnished  thereunder. 

Writs  of  attachment  may  be  levied  by  garnishing  a  debtor  of  the  de¬ 
fendant  as  well  as  by  a  levy  upon  property.  The  garnishee  can  dis¬ 
charge  himself  by  paying  his  debt  to  the  officer.  Wages  for  thirty  days 
are  also  exempt  from  garnishment. 

Montana. 

Arrest  in  civil  cases  may  be  had  in  all  cases  of  fraud,  or  where  the 
action  is  for  wilful  injury  to  person  or  character,  or  to  property,  knowing 
the  property  to  belong  to  another.  Also  in  an  action  for  fine  or  penalty, 
or  for  money  or  property  embezzled  or  fraudulently  misapplied  or  con¬ 
verted  to  his  own  use  by  a  public  officer  or  officers  of  corporation,  or  an 
attorney,  or  other  agent,  or  any  one  acting  in  a  fiduciary  capacity.  Also 
in  cases  where  the  defendant  has  removed  or  disposed  of  his  property  or 
is  about  to  do  so  with  intent  to  defraud  his  creditors. 

All  property  not  exempt  from  execution  may  be  attached. 

Attachments  may  also  be  had  before  demand  is  due  :  if  defendant  is 
leaving,  or  about  to  leave  the  Territory  with  all  his  or  her  property, 
moneys,  or  other  effects  which  might  be  subjected  to  the  payment  of 
the  debt,  for  the  purpose  of  defrauding  his  creditors  ;  or  that  defend¬ 
ant  is  disposing  of,  or  about  to  dispose  of  his  property  subject  to  ex¬ 
ecution  for  the  purpose  of  defrauding  his  creditors,  which  must  appear 
by  affidavit 

Credits  or  other  personal  property  in  the  possession  or  under  the 
control  of  another  are  attached  by  the  sheriff  serving  upon  such  person 
a  copy  of  the  writ  and  a  notice  that  such  credits,  other  property,  oi 
debts,  as  the  case  may  be,  are  attached. 


HOW  TO  BE  YOUR  OWN  LAWTER. 


351 


Nebraska. 

An  order  of  arrest  of  the  defendant  may  be  had  on  the  same  grounds 
as  required  for  attachments  of  property,  excepting  non-residency,  ab¬ 
sconding,  concealment,  and  leaving  county  and  when  defendant  is  a 
corporation,  and  with  like  bond  and  similar  affidavit. 

The  plaintiff  may  attach  the  property  of  a  defendant  when  he  is  a 
foreign  corporation  or  non-resident ;  when  lie  has  or  is  about  to  remove 
his  property  from  the  jurisdiction  of  the  court,  assign,  remove,  or  dispose 
of  or  convert  to  money,  or  conceals  his  property  to  defraud  his  creditors  ; 
when  he  absconds  to  defraud  creditors,  or  leaves  county  of  residence  to 
avoid  service  of  summons,  or  fraudulently  contracted  or  incurred  the 
subject  of  the  action.  When  the  ground  of  attachment  is  that  defendant 
is  a  foreign  corporation  or  non-resident,  the  claim  must  be  debt  or 
demand  arising  on  contract,  judgment,  or  decree. 

A  creditor  may  bring  an  action  on  a  claim  before  it  is  due,  and  have  an 
attachment  against  the  property  of  the  debtor  ;  when  the  debtor  has  sold, 
conveyed,  or  otherwise  disposed  of  his  property,  or  is  about  to  make  such 
sale,  conveyance,  or  disposition  of  his  property,  with  the  fraudulent 
intent  to  cheat  or  defraud  his  creditors,  or  to  hinder  or  delay  them  in  the 
collection  of  their  debts,  or  when  he  is  about  to  remove  his  property  or  a 
material  part  thereof  with  the  intent  or  to  the  effect  of  cheating  or  de¬ 
frauding  his  creditors  or  of  hindering  and  delaying  them  in  the  collection 
of  their  debts. 

In  cases  of  attachment,  “when  the  plaintiff,  his  agent,  or  attorney, 
shall  make  oath  in  writing  that  he  has  good  reason  to  and  does  believe 
that  any  person  or  corporation,  to  be  named  and  within  the  county  where 
the  action  is  brought,  has  property  of  defendant  [describing  same]  in  his 
possession,”  the  said  property,  whether  debts,  choses  in  action,  or 
chattels,,  or  other  property,  may  be  garnished  and  held  the  same  as  prop¬ 
erty  otherwise  attached. 

Nevada. 

A  debtor  may  be  arrested  in  the  following  cases  :  1st.  In  an  action  for 
the  recovery  of  money  or  damages,  on  a  cause  of  action  arising  upon  a 
contract,  express  or  implied,  when  the  defendant  is  about  to  depart  from 
the  State  with  intent  to  defraud  his  creditors,  or  when  the  action  is  for 
libel  or  slander.  2d.  In  an  action  for  a  fine  or  penalty,  or  for  money  or 
property  embezzled,  or  fraudulently  misapplied  or  converted  to  his  own 
use  by  a  public  officer,  or  an  officer  of  a  corporation,  or  an  attorney, 
iactor,  broker,  agent,  or  clerk,  in  the  course  of  his  employment  as  such, 
or  by  any  other  person  in  a  fiduciary  capacity,  or  for  misconduct  or 
neglect  in  office  ;  or  in  professional  employment,  or  for  a  wilful  viola¬ 
tion  of  duty.  3d.  In  an  action  to  recover  the  possession  of  personal 
property  unjustly  detained  when  the  property,  or  any  part  thereof,  has 
been  concealed,  removed,  or  disposed  of,  so  that  it  can  not  be  found  or 
taken  by  the  sheriff.  4th.  When  the  defendant  has  been  guilty  of  fraud 
in  contracting  the  debt,  or  incurring  the  obligation  for  which  the  action 
is  brought.  5th.  When  the  defendant  has  removed  or  disposed  of  his 
property,  or  is  about  to  do  so,  with  intent  to  defraud  his  creditors. 


352 


IIOW  TO  BE  YOUR  OWN  LAWYER. 


The  plaintiff  at  the  time  of  issuing  the  summons,  or  at  any  time  after¬ 
ward,  may  have  the  property  of  the  defendant  attached  as  security  foi 
the  satisfaction  of  any  judgment  that  may  be  recovered,  unless  the 
defendant  gives  security  to  pay  such  judgment.  First.  In  an  action 
upon  a  contract  for  the  direct  payment  of  money  made,  or  by  the  terms 
thereof  payable  in  this  State,  which  is  not  secured  by  mortgage,  lien,  or 
pledge  upon  real  or  personal  property  situated  or  being  in  this  State,  or, 
if  so  secured,  when  such  security  has  been  rendered  nugatory  by  the  act 
of  the  defendant.  Second.  In*  an  action  upon  a  contract  against  a  de¬ 
fendant  not  residing  in  this  State. 


New  Hampshire. 

A  debtor  may  be  arrested  in  an  action  founded  on  a  contract,  if  the 
debt  exceeds  thirteen  dollars  and  thirty-three  cents,  or  if  it  appear  by 
affidavit  on  the  back  of  the  writ  or  execution  by  the  plaintiff,  or  some 
person  for  him,  that  the  defendant  is,  in  his  belief,  justly  indebted  to 
him  in  a  sum  exceeding  thirteen  dollars  and  thirty-three  cents  ;  and  that 
he  conceals  his  property,  or  is  about  to  leave  the  State  to  avoid  payment 
of  his  debts. 

Most  actions  are  commenced  by  attachment ;  and  all  property  which 
may  be  taken  upon  execution  may  be  attached  and  holdcn  as  security  for 
the  judgment  the  plaintiff  may  recover. 

The  property  of  the  defendant  in  the  hands  of  a  third  person,  as  also 
debts  due  the  defendant,  may  be  attached  by  trustee  process,  service 
being  made  upon  the  defendant  and  trustee,  as  in  a  writ  of  summons. 
No  trustee  is  chargeable  for  pensions,  or  bounty  money,  or  the  services 
or  earnings  of  the  wife  or  minor  children  of  the  defendant,  or  the  de¬ 
fendant’s  own  earnings  after  service  of  writ.  If  the  claim  against  the 
defendant  is  not  for  necessaries  furnished  him  or  his  family,  twenty 
dollars  of  his  earnings  before  service  of  writ  on  trustee  is  also  exempt. 

A  trustee  process  is  a  writ  of  attachment  and  summons,  and  is  served 
upon  the  defendant  and  trustee  like  a  writ  of  summons.  It  may  be  used 
to  reach  money,  goods,  rights,  or  credits  of  the  defendant  in  the  hands 
of  another.  Twenty  dollars  of  defendant’s  earnings,  save  as  against 
necessaries,  the  earnings  of  the  debtor’s  wife  and  children,  and  pensions, 
are  exempt  from  trustee  process. 

New  Jersey. 

A  debtor  may  be  arrested  upon  proof  made  upon  oath  or  affirmation 
before  a  justice  of  the  supreme  court,  or  supreme  court  commissioner,  of 
on  of  the  following  particulars  in  addition  to  the  debt  or  demand  :  1st. 
That  the  defendant  is  about  to  remove  any  of  his  property  out  of  the 
jurisdiction  of  the  court  in  which  the  action  is  about  to  be  commenced, 
with  intent  to  defraud  his  creditors.  2d.  That  the  defendant  has  prop¬ 
erty  or  rights  in  action  which  he  fraudulently  conceals.  3d.  That  he 
h-as  assigned,  removed,  or  disposed  of,  or  is  about  to  assign,  remove,  or 
dispose  of  any  of  his  property,  with  intent  to  defraud  his  creditors. 


HOW  TO  BE  TOUR  OWN  LAWYER. 


353 


4th.  That  the  defendant  fraudulently  contracted  the  debt  or  incurred 
the  obligation  respecting  which  such  suit  is  brought. 

Writ  of  attachment  may  issue  upon  filing  with  the  clerk  of  the  court 
out  of  which  writ  is  about  to  issue,  an  affidavit  by  the  creditor,  or  in  his 
absence  his  agent,  that  his  debtor  absconds  from  his  creditors,  and  is  not 
to  his  knowledge  or  belief  a  resident  of  the  State  at  the  time.  Or  that 
the  debtor  is  not  to  his  knowledge  or  belief  a  resident  of  this  State  at  the 
time,  and  owes  to  the  plaintiff  a  certain  amount,  specifying  the  amount 
as  nearly  as  he  can.  The  claim  of  the  plaintiff  must,  it  is  thought,  be  an 
accrued  debt.  It  must  be  a  debt,  not  unliquidated  damages. 

A  non-resident  cf  this  State  can  obtain  an  attachment  against  the  prop¬ 
erty  and  credits  of  another  non-resident,  except  against  wages  or  salary 
due  from  an  employer  resident  within  this  State  to  a  non-resident 
employe,  when  wages  or  salary  are  not  subject  to  attachment  in  the 
State  where  the  latter  resides. 

New  Mexico. 

A  debtor  may  be  arrested  in  one  of  the  following  cases  :  1st.  When  he 
is  about  to  abscond  from  the  Territory  so  as  to  endanger  the  collection  of 
a  debt  due  against  him.  2d.  When  the  sheriff  on  execution  shall  find  no 
property  of  the  defendant  he  may  arrest  the  body  of  the  defendant  and 
in  default  of  payment  commit  him  to  jail. 

Creditors  whose  demands  amount  to  fifty  dollars  may  sue  in  the  dis¬ 
trict  court  by  attachment  in  the  following  cases,  namely  :  1st.  When  the 
debtor  is  not  a  resident  of  nor  resides  in  this  Territory.  2d.  When  the 
debtor  has  concealed  himself,  or  absconded,  or  absented  himself  from 
his  usual  place  of  abode  in  this  Territory,  so  that  the  ordinary  process  of 
law  can  not  be  passed  upon  him.  3d.  When  the  debtor  is  about  to 
remove  his  property  or  effects  out  of  the  Territory,  or  has  fraudulently 
concealed  or  disposed  of  the  same,  so  as  to  hinder,  delay,  or  defraud  his 
creditors.  4th.  When  the  debtor  is  about  to  fraudulently  convey  or 
assign,  conceal  or  dispose  of  his  property  or  effects,  so  as  to  hinder, 
delay,  or  defraud  his  creditors.  5th.  When  the  debt  was  contracted  out 
of  this  Territory  and  the  debtor  has  absconded  or  secretly  removed  his 
property  or  effects  into  the  Territory  with  intent  to  hinder,  delay,  or  de¬ 
fraud  liis  creditors.  6th.  When  the  defendant  is  a  corporation  whose 
principal  office  or  place  of  business  is  out  of  the  Territory,  unless  such 
corporation  has  a  designated  agent  in  the  Territory  upon  whom  service 
of  process  may  be  made  in  suits  against  it.  7th.  When  the  defendant 
has  fraudulently  contracted  the  debt,  incurred  the  obligation,  or  obtained 
credit  from  the  plaintiff  by  false  pretenses,  respecting  the  matter  for 
which  the  suit  is  brought.  Attachment  may  issue  upon  a  claim  or 
demand  not  matured. 

New  York. 

Imprisonment  for  debt  is  abolished.  The  defendant  may  be  arrested 
m  a  civil  action  brought — (1)  to  recover  a  fine  or  penalty  ;  (2)  to  recovei 
damages  for  an  injury  to  person  or  property  (not  including  claim  for 
damages  in  an  action  to  recover  a  chattel),  breach  of  promise  to  marry, 


354 


HOW  TO  BE  YOUR  OWN  LAWYER. 


misconduct  or  neglect  in  official  or  professional  employment,  fraud,  do 
ceit,  or  conversion  of  personal  property  ;  (8)  to  recover  property  held  ol 
owned  by  the  State,  or  held  or  owned  for  a  public  interest,  which  de¬ 
fendant  has  unlawfully  obtained  or  disposed  of,  or  to  recover  damages 
for  so  obtaining  or  disposing  of  the  same ;  (4)  to  recover  a  chattel  pur¬ 
posely  concealed  or  removed  or  disposed  of  with  intent  to  deprive  plain¬ 
tiff  thereof  ;  (5)  to  recover  on  contract  other  than  promise  to  marry,  when 
the  defendant  has  been  guilty  of  fraud  in  contracting  the  debt,  or  has 
disposed  or  is  about  to  dispose  of  his  property  with  intent  to  defraud  his 
creditors  ;  (6)  to  recover  money  received  or  property  embezzled  by  a  pub¬ 
lic  officer  or  other  person  acting  in  a  fiduciary  capacity,  not  including  an 
action  to  recover  a  chattel ;  (7)  in  an  action  against  a  resident  about  to 
leave  the  State,  or  a  non-resident,  an  order  may  be  granted  by  the  court 
where  the  judgment  demanded  requires  performance  of  an  act,  neglect 
to  perform  which  would  be  a  contempt  of  court. 

Women  can  not  be  arrested  except  in  the  case  last  mentioned,  or  where 
the  action  is  to  recover  damages  for  wilful  injury  to  person,  character, 
or  property. 

Except  in  action  under  subdivision  8,  supra ,  security  for  defendant’s 
costs  and  damages,  wThich  may  be  awarded  to  or  sustained  by  him,  must 
be  given  in  an  amount  fixed  by  the  judge,  not  less  than  one  hundred 
dollars. 

The  order  of  arrest  must  be  obtained  from  a  judge  of  the  court  in 
which  the  action  is  brought  or  from  any  county  judge. 

Keal  and  personal  property  may  be  attached,  provided  it  be  shown  by 
affidavit  that  the  defendant  is  a  foreign  corporation  or  a  non-resident ; 
or,  if  a  natural  person  and  a  resident,  that  he  is  fraudulently  absent  or 
concealed  ;  or,  if  a  oatural  person  or  domestic  corporation,  that  the  same 
has  fraudulently  removed  or  concealed  his  or  its  property  or  is  about  so 
to  do — (1)  in  actions  for  breach  of  contract  other  than  contract  to  marry  ; 
(2)  in  actions  for  wrongful  conversion  of  personal  property ;  (8)  in  ac¬ 
tions  for  injury  to  personal  property  through  negligence,  fraud,  or 
wrongful  act ;  (4)  in  actions  for  money  only  where  the  defendant  has 
misappropriated,  or  aided  or  abetted  the  misappropriation  of  the  prop¬ 
erty  of  the  State  or  any  portion  or  department  thereof. 

Security,  not  less  than  two  hundred  and  fifty  dollars,  must  be  given 
for  costs  and  damages,  except  in  case  under  subdivision  4,  supra . 

North  Carolina. 

Arrests  may  be  made  :  1st.  The  defendant  may  be  arrested  in  an  ac¬ 
tion  arising  on  contract  when  the  defendant  is  a  non-resident  of  this 
State,  or  is  about  to  remove  therefrom,  and  in  an  action  for  the  recovery 
of  damages  on  a  cause  of  action  not  arising  out  of  contract,  when  the  ac¬ 
tion  is  for  injury  to  person  or  character,  or  for  wrongfully  taking,  detain¬ 
ing,  or  converting  property.  2d.  In  an  action  for  a  fine  or  penalty,  or 
for  money  received,  or  for  property  embezzled  or  fraudulently  misap¬ 
plied  by  a  public  officer,  or  by  an  attorney,  solicitor,  or  counsellor,  or  by 
an  officer  or  agent  of  a  corporation  or  banking  association,  in  the  course 
of  his  employment  as  such,  or  by  any  factor,  agent,  broker,  or  othei 


HOW  TO  BE  YOUR  OWN  LAWYER. 


355 


person  in  a  fiduciary  capacity,  or  for  any  misconduct  or  neglect  in  office, 
or  in  a  professional  employment.  8d.  In  an  action  to  recover  the  pos¬ 
session  of  personal  property  unjustly  detained,  where  the  property  01 
any  part  thereof  has  been  concealed,  removed,  or  disposed  of,  so  that  it 
can  not  be  found  or  taken  by  the  sheriff,  and  with  the  intent  that  it 
should  not  be  so  found  or  taken,  or  with  the  intent  to  deprive  the  plain¬ 
tiff  of  the  benefit  thereof.  4th.  Where  the  defendant  has  been  guilty  of 
a  fraud  in  contracting  the  debt  or  incurring  the  obligation  for  which  the 
action  is  brought,  or  in  concealing  or  disposing  of  the  property  for  the 
taking,  detention,  or  conversion  of  which  the  action  is  brought,  or  when 
the  action  is  brought  to  recover  damages  for  fraud  or  deceit.  5tli.  When 
the  defendant  has  removed  or  disposed  of  his  property,  or  is  about  to  do 
so,  with  intent  to  defraud  his  creditors.  But  no  female  shall  be  arrested 
in  any  action,  except  for  a  wilful  injury  to  person,  character,  or  property. 

An  order  for  the  arrest  of  the  defendant  must  be  obtained  from  the 
court  in  which  the  action  is  brought,  or  from  a  judge  thereof.  The 
order  may  be  made  when  it  shall  appear  to  the  court  or  judge,  by  affida¬ 
vit  of  the  plaintiff  or  any  other  person,  that  a  sufficient  cause  of  action 
exists,  and  that  the  case  is  one  of  those  above  mentioned. 

Attachments  may  issue  at  the  time  of  the  issuing  of  the  summons,  or 
at  any  time  afterward,  in  the  following  cases,  to  wit :  In  an  action  aris¬ 
ing  on  contract  for  the  recovery  of  money  only,  or  in  an  action  for  the 
wrongful  conversion  of  personal  property,  against  a  corporation  created 
by  or  under  the  laws  of  any  other  State,  government,  or  country,  or 
against  a  defendant  who  is  not  a  resident  of  this  State,  or  against  a  de~ 
fendant  who  has  absconded  or  concealed  himself,  or  whenever  any  person 
or  corporation  is  about  to  remove  any  of  his  or  its  property  from  this 
State,  or  has  assigned,  disposed  of,  or  secreted,  or  is  about  to  assign, 
dispose  of,  or  secrete  any  of  his  or  its  property,  with  intent  to  defraud 
creditors. 

The  warrant  may  issue  whenever  it  shall  appear  by  affidavit  that  a 
cause  of  action  exists  against  such  defendant,  specifying  the  amount  of 
the  claim  and  the  grounds  thereof,  and  that  the  defendant  is  either  a  for¬ 
eign  corporation  or  not  a  resident  of  this  State,  or  has  departed  therefrom 
with  intent  to  defraud  his  creditors,  or  to  avoid  the  service  of  summons, 
or  keeps  himself  concealed  therein  with  like  intent,  or  that  such  corpora¬ 
tion  or  person  has  removed,  or  is  about  to  remove,  any  of  his  or  its  prop¬ 
erty  from  this  State  with  intent  to  defraud  his  or  its  creditors,  or  has  as¬ 
signed,  disposed  of,  or  secreted,  or  is  about  to  assign,  dispose  of,  or  se¬ 
crete  any  of  his  or  its  property  with  like  intent,  whether  such  defendant 
be  a  resident  of  this  State  or  not.  The  affidavit  upon  which  the  warrant 
is  granted  must  be  filed  with  the  clerk  of  the  court  to  which,  or  magis- 
trate  before  whom,  the  warrant  is  returnable,  vithin  ten  days  from  the 
issuing  of  the  warrant. 

Ohio. 

A  defendant  in  a  civil  action  can  be  arrested  before  judgment  when  it 
shall  appear  by  affidavit  that  one  of  the  following  cases  exists  :  1.  That 
the  defendant  has  removed,  or  begun  to  remove,  any  of  his  property  out 
of  the  jurisdiction  of  the  court,  with  intent  to  defraud  his  creditors.  2 


356 


HOW  TO  BE  YOUR  OWN  LAWYER. 


That  he  has  begun  to  convert  his  property,  or  a  part  thereof,  into  money 
for  tne  purpose  of  placing  it  beyond  the  reach  of  his  creditors.  3.  That 
he  has  property  or  rights  of  action  which  he  fraudulently  conceals.  4. 
That  he  has  assigned,  removed,  or  disposed  of,  or  has  begun  to  dispose 
of,  his  property,  or  a  part  thereof,  with  intent  to  defraud  his  creditors. 
5.  That  he  fraudulently  contracted  the  debt  or  incurred  the  obligation 
for  which  suit  is  about  to  be  or  has  been  brought.  6.  That  the  money 
or  other  valuable  thing  for  which  a  recovery  is  sought  in  the  action  was 
lost  by  playing  at  any  game  or  by  means  of  a  bet  or  wager. 

The  plaintiff  may  have  an  attachment  against  the  property  of  the  de¬ 
fendant  upon  the  following  grounds  :  1.  When  the  defendant,  or  one  of 
several  defendants,  is  a  foreign  corporation,  or  a  non-resident  of  the 
State  ;  or,  2.  Has  absconded  with  intent  to  defraud  his  creditors  ;  or,  3. 
Has  left  the  county  of  his  residence  to  avoid  the  service  of  a  summons  ; 
or,  4.  So  conceals  himself  that  a  summons  can  not  be  served  upon  him  ; 
or,  5.  Is  about  to  remove  his  property,  or  a  part  thereof,  out  of  the  juris¬ 
diction  of  the  court,  with  the  intent  to  defraud  his  creditors ;  or,  6.  Is 
about  to  convert  his  property,  or  a  part  thereof,  into  money  for  the  pur¬ 
pose  of  placing  it  beyond  the  reach  of  his  creditors  ;  or,  7.  Has  property 
or  rights  in  action  which  he  conceals  ;  or,  8.  Has  assigned,  removed,  or 
disposed  of,  or  is  about  to  dispose  of,  his  property,  or  a  part  thereof, 
with  the  intent  to  defraud  his  creditors ;  or,  9.  Fraudulently  or  crimi¬ 
nally  contracted  the  debt  or  incurred  the  obligation  for  which  suit  ia 
about  to  be  or  has  been  brought. 

An  order  of  attachment  is  made  by  the  clerk  of  the  court  in  which  the 
action  is  brought,  when  there  is  filed  in  his  office  an  affidavit  of  the 
plaintiff,  his  agent  or  attorney,  showing :  1st.  The  nature  of  the  plain¬ 
tiff’s  claim ;  2d.  That  it  is  just ;  3d.  The  amount  which  the  affiant  be¬ 
lieves  the  plaintiff  ought  to  recover  ;  and  4th.  The  existence  of  some  one 
of  the  foregoing  grounds  for  an  attachment. 

Oregon. 

There  is  no  imprisonment  for  debt  (that  is,  for  debt  arising  upon  con¬ 
tract,  express  or  implied),  except  in  case  of  fraud  or  absconding  debtors. 

No  person  shall  be  arrested  in  an  action  of  law  excepting  the  defend¬ 
ant  in  the  following  cases  :  1.  In  an  action  for  the  recovery  of  money  or 
damages  on  a  cause  of  action  arising  out  of  contract,  wffien  the  defendant 
is  not  a  resident  of  the  State,  or  is  about  to  remove  therefrom,  or  when 
the  action  is  for  an  injury  to  person  or  character,  or  for  injuring  or  wrong¬ 
fully  taking,  detaining,  or  converting  property.  2.  In  an  action  for  a 
fine  or  penalty,  or  on  a  promise  to  marry,  or  for  money  received  or  prop¬ 
erty  embezzled,  or  fraudulently  misapplied,  or  converted  to  his  own  use, 
by  a  public  officer,  or  by  an  attorney,  or  by  an  officer  or  agent  of  a  cor¬ 
poration  in  the  course  of  his  employment  as  such,  or  by  any  factor, 
agent,  broker,  or  other  person  in  a  fiduciary  capacity,  or  for  any  miscon¬ 
duct  or  neglect  in  office,  or  in  a  professional  employment.  3.  In  an 
action  to  recover  the  possession  of  personal  property  unjustly  detained, 
wheu  the  property  or  any  part  thereof  has  been  concealed,  removed,  or 
disposed  of,  so  that  it  can  not  be  found  or  taken  by  the  sheriff,  and  with 


HOW  TO  BE  YOUR  OWN  LAWYER. 


357 


ntent  that  it  should  not  he  so  found  or  taken,  or  with  the  intent  to  do 
prive  the  plaintiff  from  the  benefit  thereof.  4.  When  the  defendant  has 
been  guilty  of  a  fraud  in  contracting  the  debt,  or  incurring  the  obligation 
for  which  the  action  is  brought,  or  in  concealing  or  disposing  of  the 
property,  for  the  taking,  detention,  or  conversion  of  which  the  action  is 
brought.  5.  When  the  defendant  has  removed  or  disposed  of  his  prop 
erty,  or  is  about  to  do  so,  with  intent  to  defraud  his  creditors.  But  no 
female  shall  be  arrested  in  any  action,  except  for  an  injury  to  person, 
character,  or  property. 

The  plaintiff,  at  the  time  of  issuing  the  summons,  or  at  any  time  after¬ 
ward,  may  have  the  property  of  the  defendant  attached,  as  security  for 
the  satisfaction  of  any  judgment  he  may  recover,  unless  the  defendant 
give  security  to  pay  such  judgment,  in  the  following  cases:  1.  In  an 
action  upon  contract,  express  or  implied,  for  the  direct  payment  of 
money,  which  contract  is  made  or  is  payable  to  this  State,  and  is  not  se¬ 
cured  by  mortgage,  lien,  or  pledge,  upon  real  estate  or  personal  property, 
or,  if  so  secured,  that  such  security  has  been  rendered  nugatory  by  act 
of  the  defendant.  2.  In  an  action  upon  a  contract,  express  or  implied, 
against  a  defendant  not  residing  in  this  State. 

The  clerk  of  the  court  must  issue  the  writ  of  attachment  upon  receiv¬ 
ing  an  affidavit,  by  or  in  behalf  of  plaintiff,  showing  :  1st.  That  the  de¬ 
fendant  is  indebted  to  the  plaintiff  (specifying  the  amount  of  such  indebt¬ 
edness  over  and  above  all  legal  set-offs  or  counter-claims)  upon  a  contract, 
express  or  implied,  for  the  direct  payment  of  money,  and  that  such  con¬ 
tract  was  made  or  is  payable  in  this  State,  and  that  the  payment  of  the 
same  has  not  been  secured  by  any  mortgage,  lien,  or  pledge,  upon  real 
or  personal  property ;  or,  2d.  That  the  defendant  is  indebted  to  the 
plaintiff  (specifying  the  amount  of  such  indebtedness,  as  near  as  may  be 
over  and  above  all  legal  set-offs  or  counter-claims),  and  that  the  defend¬ 
ant  is  a  non-resident  of  the  State  ;  and,  8d.  That  the  sum  for  which  the 
attachment  is  asked  is  an  actual  bona  fide  existing  debt,  due  and  owing 
from  the  defendant  to  the  plaintiff,  and  that  the  attachment  is  not 
sought,  and  the  action  prosecuted,  to  hinder,  delay,  or  defraud  any 
creditors  of  the  defendant. 

Pennsylvania. 

Imprisonment  for  debt  is  abolished. 

The  real  and  personal  property  of  a  non-resident  of  the  State,  who  is 
not  in  the  county  at  the  time  the  writ  issues,  may  be  held  by  a  foreign 
attachment. 

The  property  of  any  person,  resident  or  not,  may  be  attached,  upon 
proof  by  the  affidavit  of  the  plaintiff,  or  any  person  for  him,  that  the  de¬ 
fendant  is  justly  indebted  to  him,  in  a  sum  exceeding  one  hundred 
dollars,  setting  forth  the  nature  and  amount  of  such  indebtedness,  and 
that  the  defendant,  is  about  to  remove  his  property  out  of  the  jurisdiction 
of  the  court,  with  intent  to  defraud  his  creditors  ;  or  that  the  defendant 
has  property,  rights  in  action,  interest  in  any  stock,  money,  or  evidences 
of  debt,  which  he  fraudulently  conceals ;  or  that  the  defendant  has  as¬ 
signed,  disposed  of,  or  removed,  or  is  about  to  assign,  dispose  of,  or  re¬ 
move,  any  such  property,  rights,  stock,  etc.,  with  intent  to  defraud  hia 


358 


HOW  TO  BE  YOUR  OWN  LAWYER. 


creditors  ;  or  that  he  fraudulently  contracted  the  debt  or  incurred  the 
obligation  for  which  said  claim  is  made. 

Rhode  Island. 

No  person  can  be  arrested  or  imprisoned  in  any  action  for  the  re¬ 
covery  of  debt,  unless  it  shall  appear  by  affidavit  duly  certified  on  such 
writ,  that  the  defendant,  or  some  one  of  the  defendants,  is  about  to  de¬ 
part  from  the  State  without  leaving  therein  real  or  personal  estate  whereon 
service  of  said  writ  may  be  made  by  attachment,  sufficient  to  satisfy  the 
damages  laid  therein,  or  that  the  defendant,  or  some  one  of  the  defend¬ 
ants,  has  committed  fraud  in  contracting  the  debt  upon  which  the  action 
is  founded,  or  in  the  concealment  or  disposition  of  his  property  ;  but  no 
female  shall  be  arrested  in  any  civil  action  founded  upon  contract  by 
virtue  of  any  original  writ  whatever. 

If  it  shall  be  made  to  appear  to  any  court  which  shall  have  rendered 
judgment  in  any  action,  or  to  any  justice  of  such  court,  that  the  defendant 
is  about  to  depart  from  the  State  without  leaving  therein  real  or  personal 
estate  to  satisfy  said  judgment,  or  has  been  guilty  of  any  fraud  in  con¬ 
tracting  said  debt,  or  in  the  concealment,  detention,  or  disposition  of  his 
property,  such  court  or  justice  may  order  an  execution  running  against 
the  body  of  the  defendant. 

In  any  civil  action  the  original  writ  may  be  served  by  attachment  of 
real  or  personal  estate,  or  of  both,  whether  the  defendant  therein  named 
be  within  or  without  this  State  at  the  time  of  such  service;  Real  estate, 
however,  can  not  be  attached  upon  any  justice’s  writ. 

No  attachment  of  property  can  be  made,  unless  an  affidavit  of  the 
plaintiff,  or  his  agent  or  attorney,  shall  be  endorsed  on  the  writ,  setting 
forth  that  the  plaintiff  has  just  claim  against  the  defendant,  which  is  due, 
and  upon  which  he  expects  to  recover  in  said  action  a  sum  sufficient  to 
give  jurisdiction  thereof  to  the  court  to  which  said  writ  is  made  returna¬ 
ble,  and  also,  either  that  the  defendant  is  a  corporate  company  established 
out  of  the  State,  or  that  he  resides  out  of  the  State,  or  that  he  has  left 
the  State  and  is  not  expected  to  return  in  season  to  be  served  with  pro¬ 
cess  before  the  next  term  of  the  court ;  or  that  the  defendant,  or  one  of 
the  defendants,  has  committed  fraud  in  contracting  the  debt  in  suit,  or 
in  the  concealment  of  his  property,  or  in  the  disposition  thereof  ;  or  that 
since  contracting  the  debt  the  defendant  has  been  the  owner  of  property, 
or  in  receipt  of  income  which  he  has  refused  or  neglected  to  apply  in 
payment  thereof,  though  requested  by  the  plaintiff  so  to  do. 

All  writs  of  attachment  may  be  served  on  debtors  of  the  defendant 
who  become  liable  to  pay  the  judgment  creditor  the  amount  of  their 
debts,  in  case  they  shall  file  affidavits  setting  forth  the  same  ;  otherwise, 
to  pay  the  judgment. 

South  Carolina. 

Arrests  may  be  made,  1st,  in  actions  for  the  recovery  of  damages  on  a 
cause  of  action  not  arising  out  of  contract,  where  the  defendant  is  not  a 
resident  of  the  State,  or  is  about  to  remove  therefrom,  or  where  the  action 
is  for  an  injury  to  person  or  character,  or  for  injuring  or  wrongfully  tak 


HOW  TO  BE  YOUR  OWN  LAWYER. 


359 


ing,  detaining,  or  converting  property ;  2d.  In  an  action  for  a  fine  ox 
penalty,  or  on  a  promise  to  marry,  or  for  money  received,  or  for  property 
embezzled  or  fraudulently  misapplied  by  a  public  officer,  or  by  an  attor¬ 
ney,  solicitor,  or  counselor,  or  by  an  officer  or  agent  of  a  corporation  or 
banking  association,  in  the  course  of  his  employment  as  such,  or  by  any 
factor,  agent,  broker,  or  other  person  in  a  fiduciary  capacity,  or  for  any 
misconduct  or  neglect  in  office,  or  in  a  professional  employment ;  8d.  In 
an  action  to  recover  the  possession  of  personal  property  unjustly  de¬ 
tained,  where  the  property  or  any  part  thereof  has  been  concealed,  re¬ 
moved,  or  disposed  of,  so  that  it  can  not  be  found  or  taken  by  the  sheriff, 
and  with  the  intent  that  it  should  not  be  so  found  or  taken,  or  with  the 
intent  to  deprive  the  plaintiff  of  the  benefit  thereof  ;  4th.  Where  the  de¬ 
fendant  has  been  guilty  of  a  fraud  in  contracting  the  debt  or  incurring 
the  obligation  for  which  the  action  is  brought,  or  in  concealing  or  dispos¬ 
ing  of  the  property  for  the  taking,  detention,  or  conversion  of  which  the 
action  is  brought,  or  when  the  action  is  brought  to  recover  damages  for 
fraud  or  deceit ;  5th.  When  the  defendant  has  removed  or  disposed  of  his 
property,  or  is  about  to  do  so,  with  intent  to  defraud  his  creditors.  But 
no  female  shall  be  arrested  in  any  action,  except  for  a  wilful  injury  to 
person,  character,  or  property. 

At  the  time  of  the  issuing  of  the  summons,  or  at  any  time  afterward, 
an  attachment  may  issue  in  the  following  cases,  to  wit :  In  any  action 
arising  for  the  recovery  of  money,  or  for  the  recovery  of  property,  whether 
real  or  personal,  and  damages  for  the  wrongful  conversion  and  detention 
of  personal  property,  or  in  actions  for  the  recovery  of  damages  for  inju¬ 
ries  done  either  to  person  or  property  against  a  corporation  created  by  or 
under  the  laws  of  any  other  State,  government,  or  country,  or  against  a 
defendant  who  is  not  a  resident  of  this  State,  or  against  a  defendant  who 
has  absconded  or  concealed  himself,  or  whenever  any  person  or  corpora¬ 
tion  is  about  to  remove  any  of  his  or  its  property  from  this  State,  or  has 
assigned,  disposed  of,  or  secreted,  or  is  about  to  assign,  dispose  of,  or  se¬ 
crete,  any  of  his  or  its  property,  with  intent  to  defraud  creditors. 

Tennessee. 

No  imprisonment  for  debt. 

When  cause  exists,  the  property  of  the  debtor,  of  every  description, 
may  be  seized  by  attachment  at  the  beginning  of  the  suit,  or  at  any  time 
in  its  progress,  by  ancillary  attachment,  and  held  to  answer  the  final 
judgment  or  decree. 

But  the  title  to  real  estate  attached  in  counties  having  a  population  of 
forty  thousand  will  not  be  charged  with  any  lien  thereb}',  except  from 
the  date  of  the  filing  of  an  abstract  of  the  levy  of  the  attachment  in  the 
register's  office  of  the  county  where  the  land  lies. 

Property  of  the  debtor  of  every  kind,  legal  or  equitable,  choses  in  ac¬ 
tion,  stocks,  etc.,  may  be  attached  by  bill  in  chancery,  and  held  to  abide 
the  result  of  the  suit. 

Property  wherein  the  debtor  has  the  legal  title,  and  which  is  corporeal 
or  tangible,  may  be  seized  by  attachment  in  the  courts  of  law,  and  held 
to  abide  the  result  of  the  suit. 


360 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Any  pei  non  having  any  debt  or  demand  due  at  the  commencement  of 
an  action,  or  a  plaintiff  after  action  for  any  cause  has  been  brought,  may 
sue  out  an  attachment. 

Attachment  may  issue  in  any  one  of  the  following  cases :  1.  Where 
the  debtor  resides  out  of  the  State.  2.  Where  he  is  about  to  remove  or 
has  removed  his  property  out  of  the  State.  3.  Where  he  has  removed  or 
is  removing  himself  out  of  the  county  privately.  4.  Where  he  conceals 
himself  so  that  the  ordinary  process  of  law  can  not  be  served  on  him.  5. 
Where  he  absconds  or  is  absconding,  or  concealing  himself  or  property. 
6.  Where  he  has  fraudulently  disposed  of  or  is  about  fraudulently  to  dis¬ 
pose  of  his  property.  7.  Where  any  person  liable  for  any  debt  or  de¬ 
mand,  residing  out  of  the  State,  dies,  leaving  property  in  the  State. 
8.  And  against  a  defendant  residing  in  the  county  as  to  whom  the  sum¬ 
mons  has  been  returned,  “net  to  be  found  in  my  county.”  When  any 
cause  or  ground  exists  other  than  the  non-residence  of  the  debtor,  the  at¬ 
tachment  may  be  had  though  the  debt  or  demand  be  not  due,  and  may 
be  had  by  an  accommodation  indorser  or  surety  of  the  debtor  on  paper 
due  or  not  due,  as  well  as  by  a  creditor. 

Attachments  may  be  founded  on  and  sustained  by  garnishment  of 
property,  debts,  and  effects  belonging  to  the  debtor  and  in  the  hands 
of  the  garnishee  or  owing  by  the  garnishee,  or  discovered  and  seized 
by  means  of  the  answer  of  the  garnishee.  Proceedings  substantially  sim¬ 
ilar  to  those  in  cases  in  aid  of  execution  may  be  had  to  obtain  the  answer 
and  fix  the  liability  of  the  garnishee,  and  to  reach  property,  debts,  or  ef¬ 
fects  disclosed  by  the  answer  of  the  garnishee,  in  the  hands  or  control  of 
or  owing  by  other  persons,  belonging  to  the  debtor  in  the  attachment. 
And  generally  the  same  kinds  of  property  may  be  reached  and  subjected 
by  garnishment  in  aid  of  attachment  as  in  aid  of  execution.  Property  or 
debts  belonging  to  the  attachment  debtor  and  in  the  hands  or  control  of 
or  owing  by  the  garnishee,  may,  to  an  extent  not  exceeding  the  attach¬ 
ment  debt,  be  delivered  over  or  paid  by  the  garnishee  to  the  officer,  be¬ 
fore  the  return  of  the  writ  of  attachment ;  after  the  return,  to  the  court 
or  justice  to  whom  it  is  returnable.  Judgment  against  the  garnishee, 
condemning  the  property  or  debt  in  his  hands  and  to  the  satisfaction  of 
the  plaintiff's  demand,  is  conclusive  as  between  the  garnishee  and  the 
defendant  in  the  attachment. 

Debts  due  or  not  due  owing  to  the  defendant,  property  of  any  kind 
belonging  to  the  defendant  in  the  hands  or  control  of  a  third  person,  may 
be  subjected  to  the  attachment  by  process  of  garnishment. 

Texas. 

Imprisonment  for  debt  is  abolished. 

Attachment  may  issue  against  the  property  of  a  debtor  when  it 
shall  appear  by  alfi davit :  1st.  That  the  defendant  is  justly  indebted  to 
the  plaintiff,  and  the  amount  of  the  demand  ;  and  2.  That  the  defend¬ 
ant  is  not  a  resident  of  the  State,  or  is  a  foreign  corporation,  or  is  acting 
as  such ;  or  3.  That  he  is  about  to  remove  permanently  out  of  the 
State,  and  has  refused  to  pay  or  secure  the  debt  due  the  plaintiff  ;  or  4. 
That  he  secretes  himself,  so  that  the  ordinary  process  of  law  can  not  be 


HOW  TO  BE  YOUR  OWN  LAWYER. 


361 


served  on  him  ;  or  5.  That  he  has  secreted  his  property  for  the  purpose 
of  defrauding  his  creditors  ;  or  6.  That  he  is  about  to  secrete  his  property 
for  the  purpose  of  defrauding  his  creditors  ;  or  7.  That  he  is  about  to  re¬ 
move  his  property  out  of  the  State,  without  leaving  sufficient  remaining 
for  the  payment  of  his  debts  ;  or  8.  That  he  is  about  to  remove  his  prop¬ 
erty,  or  a  part  thereof,  out  of  the  county  where  the  suit  is  brought,  with 
intent  to  defraud  his  creditors  ;  or  9.  That  he  has  disposed  of  his  prop¬ 
erty,  in  whole  or  in  part,  with  intent  to  defraud  his  creditors ;  or  10. 
That  he  is  about  to  dispose  of  his  property  with  intent  to  defraud  his 
creditors ;  or  11.  That  he  is  about  to  convert  his  property,  or  a  part 
thereof,  into  money,  for  the  purpose  of  placing  it  beyond  the  reach  of  his 
creditors  ;  or  12.  That  the  debt  is  due  for  property  obtained  under  false 
pretences.  The  affidavit  shall  further  state  :  1.  That  the  attachment  is 
not  sued  out  for  the  purpose  of  injuring  or  harassing  the  defendant ;  and 
2.  That  the  plaintiff  will  probably  lose  his  debt  unless  such  attachment 
is  issued. 

The  writ  of  attachment  above  provided  for  may  issue,  although  the 
plaintiff’s  debt  or  demand  be  not  due,  and  the  same  proceedings  shall  be 
had  thereon  as  in  other  cases,  except  that  no  final  judgment  shall  be 
rendered  against  the  defendant  until  such  debt  or  demand  shall  become 

due. 

Garnishment  will  issue  to  any  person  supposed  to  be  indebted  to  the 
defendant,  upon  affidavit  of  plaintiff  where  judgment  has  been  rendered 
against  the  defendant,  or  where  an  attachment  has  been  sued  out  in  the 
cause.  Also,  garnishment  will  issue  after  suit  is  brought  without  attach¬ 
ment  or  execution,  upon  the  affidavit  of  plaintiff,  his  agent,  or  attorney, 
that  the  amount  claimed  is  just,  due,  and  unpaid,  and  that  he  does  not 
know  of  property  of  defendant  in  this  State  liable  to  execution,  sufficient 
to  satisfy  the  claim,  and  that  he  has  reason  to  believe  the  garnishee 
[naming  him]  is  indebted  to,  or  has  property  or  effects  of,  the  defendant, 
and  that  the  garnishment  is  not  sued  out  to  injure  garnishee  or  defend¬ 
ant  ;  and  giving  bond  as  for  attachment. 

Utah. 

A  defendant  may  be  arrested  in  the  following  cases,  namely  :  1st.  In 
an  action  for  recovery  of  money  or  damages  on  a  cause  of  action  arising 
on  contract,  when  about  to  depart  from  Territory  to  defraud  creditors, 
or  in  action  of  libel  or  slander.  2d.  In  an  action  for  fine  or  penalty,  or 
for  money  or  property  embezzled  or  fraudulently  misapplied  or  con¬ 
verted  to  his  own  use  by  a  public  officer,  officer  of  a  corporation,  or  an 
attorney,  factor,  broker,  agent,  or  clerk,  in  the  course  of  his  employment 
as  such,  or  by  any  other  person  acting  in  a  fiduciary  capacity,  or  for 
misconduct  or  neglect  in  office  or  in  a  professional  employment,  or  for  a 
wilful  violation  of  duty.  3d.  In  an  action  to  recover  personal  property 
unjustly  detained,  when  the  same  has  been  concealed,  removed,  or  dis¬ 
posed  of  so  that  it  can  not  be  found  by  the  officer.  4th.  When  defendant 
has  been  guilty  of  a  fraud  in  contracting  the  debt  or  incurring  the  obliga¬ 
tion  for  which  the  action  is  brought,  or  in  concealing  or  disposing  of  the 
property  for  the  taking,  detention,  or  conversion  of  which  the  action 

16 


362 


HOW  TO  BE  YOUR  OWN  LAWYER. 


is  brought.  5th.  When  defendant  has  removed  or  disposed  of,  or  ii 
about  to  remove  or  dispose  of  his  property  with  intent  to  defraud  his 
creditors. 

At  the  time  of  issuing  summons,  or  any  time  thereafter,  the  plaintiff 
may  have  an  attachment  in  an  action  on  a  contract  not  secured  by 
mortgage,  lien,  or  pledge,  upon  real  or  personal  property  situate  in  this 
Territory  :  or,  if  so  secured,  where  the  security  has  been  rendered  nugatory 
by  the  defendant ;  against  a  defendant  non-resident  of  the  Territory  ;  or 
one  who  has  departed  or  is  about  to  depart  from  the  Territory  or  county  ; 
who  stands  in  defiance  of  an  officer  ;  or  conceals  himself  so  that  process 
can  not  be  served  on  him ;  or  who  is  disposing  of  his  property  with  intent 
to  defraud  his  creditors 

The  clerk  of  the  court  must  issue  the  writ  of  attachment  on  receiving 
an  affidavit  made  by  the  plaintiff  or  his  attorney,  or  some  other  person, 
on  behalf  of  the  plaintiff,  showing  that  the  defendant  is  indebted  to  the 
plaintiff  upon  a  contract,  specifying  the  nature  thereof,  and  the  amount 
thereof,  as  near  as  may  be,  over  and  above  all  legal  set-offs  or  counter¬ 
claims,  and  that  the  same  lias  not  been  secured  by  any  mortgage,  lien,  or 
pledge  upon  real  or  personal  property  situate  or  being  in  the  Territory, 
or,  if  so  secured,  that  the  security  has  been  rendered  nugatory  by  the  act 
of  the  defendant ;  and  that  the  same  is  an  actual,  bona  fide ,  existing 
demand,  due  and  owing  from  the  defendant  to  the  plaintiff ;  and  that 
the  attachment  is  not  sought  and  the  action  is  not  prosecuted  to  hinder, 
delay,  or  defraud  any  creditor  of  the  defendant ;  and  specifying  one  or 
more  of  the  causes  for  attachment  set  forth  above. 

Real  and  personal  property,  including  debts  due  defendant  and  other 
choses  in  action,  may  be  attached.  Property  and  choses  in  action  in  the 
hands  of  third  persons  may  be  attached  or  garnisheed. 

Debts  and  credits  and  other  personal  property  may  be  garnisheed. 

Vermont. 

Females  can  not  be  arrested  in  actions  on  contract.  In  a  cause  founded 
on  contract,  no  citizen  of  the  United  States  can  be  arrested  for  debt, 
unless  the  plaintiff,  his  agent,  or  attorney,  files  with  the  authority  signing 
the  writ,  before  its  issue,  an  affidavit,  stating  that  he  has  good  reason  to 
believe,  and  does  believe,  that  the  defendant  is  about  to  remove  from  the 
State,  and  has  secreted  about  his  person,  or  elsewhere,  money  or  other 
property  to  an  amount  exceeding  twenty  dollars,  or  sufficient  to  satisfy 
the  debt  on  which  the  shit  is  brought. 

Warrants  of  attachment  can  not  be  obtained  when  the  debt  is  not  yet 
due.  Real  estate  and  sundry  chattels  difficult  of  removal  are  attached 
by  leaving  a  copy  of  the  attachment  in  the  town  clerk’s  office.  Personal 
property,  with  the  above  exceptions,  must  be  taken  in  actual  custody  by 
the  officer  at  the  time  of  attachment.  To  preserve  the  attachment  lien, 
personal  property  must  be  taken  on  execution  within  thirty  days,  and 
real  estate  within  five  months  from  the  date  of  the  judgment. 

In  actions  on  contracts,  if  any  person  has  goods,  effects,  or  credits  of 
the  defendant  in  his  hands  or  possession,  he  may  be  summoned  as 
trustee  in  the  suit ;  and  such  goods,  effects,  or  credits  are  thereby 


now  TO  BE  YOUR  OWN  LAWYER. 


attached.  The  trustee  is  required  to  make  disclosure  as  to  liis  indebted 
ness  or  other  liability  to  the  defendant,  and  judgment  is  rendered  against 
the  trustee  for  the  amount  ascertained  on  trial  to  be  due  from  him. 
This  process  can  not  be  sustained  unless  the  debt  due  to  the  plaintiff  from 
the  defendant,  as  well  as  that  from  the  trustee  to  the  defendant,  exceeds 
five  dollars.  Negotiable  paper  transferred  before  maturity  to  any  bank 
in  the  State  is  exempt  from  this  process. 

Virginia. 

No  imprisonment  for  debt ;  but  if  plaintiff  show  by  affidavit  to  the 
satisfaction  of  the  court,  that  he  has  good  cause  of  action,  and  that  there 
is  probable  cause  to  believe  that  the  defendant  is  about  to  leave  the  State, 
he  may  procure  the  arrest  of  the  defendant.  Plaintiffs  may  procure 
attachments  against  the  property  classes  of  persons  non-residents,  having 
property  within  the  State,  or  who  are  sued  with  defendants  residing  in 
the  State ;  defendants  removing,  intending  to  remove,  or  who  have  re¬ 
moved  their  effects  out  of  this  State,  so  that  judgment  or  decree  against 
them  would  be  unavailing. 

The  Code,  1873,  ch.  184,  §  11,  provides  for  enforcing  the  lien  of  a 
fieri  facias  by  summoning  the  person  indebted  to  the  judgment  debtor, 
on  suggestion  of  the  judgment  creditor,  to  a  term  of  court  or  before  a 
justice  of  the  peace  as  the  case  may  be.  Under  section  12  such  party 
may  be  examined  on  oath,  and  if  it  appear  that  there  is  liability  upon 
him  to  pay  any  debt,  or  deliver  any  estate  to  the  judgment  debtor,  the 
court  may  order  such  payment  or  delivery  to  its  officer,  and  the  levy 
of  execution  on  such  order  is  valid  although  levied  by  such  officer. 

Washington. 

The  defendant  may  be  arrested  upon  an  order  of  the  court  where  the 
action  is  brought,  or  by  a  judge  of  the  supreme  court,  in  the  following 
cases  :  In  an  action  for  the  recovery  of  damages,  on  a  cause  of  action 
not  arising  out  of  contract,  when  the  defendant  is  non-resident  or  is 
about  to  remove  from  the  Territory,  or  in  action  for  an  injury  to  person  or 
character,  or  for  injuring  or  wrongfully  taking,  detaining,  or  converting 
personal  property.  In  an  action  for  a  fine  or  penalty,  or  on  a  promise  to 
marry,  or  for  money  received  or  property  embezzled  or  fraudulently 
misapplied  or  converted  to  his  own  use  by  a  public  officer,  or  by  an  at¬ 
torney,  or  by  an  officer  or  agent  of  a  corporation,  in  the  course  of  his 
employment  as  such,  or  by  a  factor,  agent,  broker,  or  other  person  act¬ 
ing  in  a  fiduciary  capacity,  or  for  misconduct  or  neglect  In  office  or  in 
professional  employment.  In  an  action  to  recover  the  possession  of  per¬ 
sonal  property  unjustly  detained,  when  the  property  has  been  concealed, 
removed,  or  disposed  of,  so  that  it  can  not  be  taken  by  the  sheriff.  When 
the  defendant  has  been  guilty  of  fraud  in  contracting  the  debt,  or  incur¬ 
ring  the  obligation  for  which  the  action  is  brought.  When  the  defendant 
has  removed  or  disposed  of  his  property,  or  is  about  to  do  so,  with 
intent  to  defraud  his  creditors.  When  the  action  is  to  prevent  threat¬ 
ened  injury  to  or  destruction  of  property  in  which  the  plaintiff  claims  an 


364 


HOW  TO  BE  YOUK  OWN  LAWYER. 


interest  On  the  final  judgment  or  order  of  the  court,  when  the  defend¬ 
ant,  having  no  property  subject  to  execution,  has  money  which  he  ought 
to  apply  in  payment,  but  refuses,  with  intent  to  defraud  the  plaintiff. 

Actions  may  be  commenced  upon  any  agreement  in  writing  before  the 
time  for  the  performance  of  the  contract  expires,  when  the  plaintiff  shall 
make  and  file  an  affidavit  with  the  clerk  of  the  court  that  the  defendant 
is  about  to  leave  the  Territory  without  providing  for  the  performance  of 
the  contract,  taking  with  him  property,  moneys,  credits,  or  effects  sub¬ 
ject  to  execution,  With  intent  to  defraud  the  plaintiff.  In  such  a  case  a 
warrant  of  arrest  issues,  as  in  other  cases  heretofore  stated,  and  an  at¬ 
tachment  may  issue  as  in  other  cases. 

The  plaintiff  at  the  time  of  issuing  the  summons,  or  at  any  time  after¬ 
ward,  may  have  the  property  of  the  defendant  attached,  as  security  for 
the  payment  of  any  judgment  he  may  recover. 

The  attachment  issues  whenever  the  plaintiff  shall  make  and  file  au 
affidavit  that  a  cause  of  action  exists  against  the  defendant,  and  the 
grounds  thereof,  and  that  the  defendant  is  either  a  foreign  corpora¬ 
tion,  or  that  he  is  not  a  resident  of  the  Territory,  or  has  departed 
therefrom,  or  keeps  himself  concealed  therein,  with  the  intent  to  delay 
or  defraud  his  creditors,  or  that  he  has  removed  or  is  about  to  remove 
his  property  from  the  Territory  with  a  like  intent,  or  that  he  has  as¬ 
signed,  secreted,  or  disposed  of  his  property,  or  is  about  to  do  so,  with 
fraudulent  intent,  or  that  he  has  been  guilty  of  a  fraud  in  contracting 
the  debt  or  incurring  the  obligation. 

After  the  issuance  of  an  execution  against  property  any  person  in¬ 
debted  to  the  judgment  debtor  may  pay  to  the  sheriff  the  amount  of  his 
debt,  or  sufficient  to  satisfy  the  execution,  and  the  sheriff’s  receipt  dis¬ 
charges  the  amount  paid.  After  an  execution  has  been  returned  unsatis¬ 
fied,  upon  proof  by  affidavit  to  the  judge  that  any  person  is  indebted  to 
the  judgment  debtor  in  a  sum  exceeding  fifty  dollars,  such  person  may 
be  required  to  answer  concerning  said  indebtedness.  Witnesses  may  be 
required  to  testify  in  regard  thereto,  and  if  any  property  belonging  to 
said  judgment  debtor  should  be  found  in  his  possession,  or  if  he  should 
be  found  indebted  to  said  judgment  debtor,  an  order  may  be  made  by 
said  judge  that  such  property,  or  money  due,  shall  be  applied  toward  the 
payment  of  said  judgment,  except  that  the  earnings  of  the  judgment 
debtor  for  personal  services  within  sixty  days  next  preceding  such  order 
can  not  be  so  taken  when  it  shall  appear  that  such  earnings  are  necessary 
for  the  use  of  the  family  of  the  debtor. 

West  Virginia. 

There  is  no  imprisonment  for  debt. 

The  creditor  may  have  an  order  of  attachment  against  the  property  of 
the  debtor  on  filing  with  the  clerk  of  the  court  an  affidavit  stating  the 
nature  and  justice  of  his  claim,  the  amount  he  is  entitled  to  recover,  and 
some  one  or  more  of  the  following  grounds  :  That  the  defendant,  or  one 
of  the  defendants,  is  a  foreign  corporation,  or  is  a  non-resident  of  this 
State  ;  has  left  or  is  about  to  leave  this  State,  with  intent  to  defraud  hia 
creditors ;  so  conceals  himself  that  a  summons  can  not  be  served  upon 


HOW  TO  BE  YOUR  OWN  LAWYER.  36ft 

him  ;  is  removing  or  is  about  to  remove  his  property,  or  a  part  thereof, 
out  of  the  State,  with  intent  to  defraud  his  creditors  ;  is  converting  or  is 
about  to  convert  his  property,  or  a  part  thereof,  into  money  or  securities, 
with  intent  to  defraud  his  creditors  ;  has  assigned  or  disposed  of  his 
property,  or  a  part  thereof,  or  is  about  to  do  so,  with  intent  to  defraud 
his  creditors ;  has  property  or  rights  in  action  which  he  conceals  ;  has 
fraudulently  contracted  the  debt  or  incurred  the  liability  for  which  the 
action  or  suit  is  brought. 

The  plaintiff  in  attachment  may,  by  an  indorsement  on  the  order, 
designate  any  person  as  being  indebted  to,  or  having  in  his  possession 
effects  of  the  defendant  or  one  of  the  defendants,  who  is  required,  upon 
service  of  the  order  and  indorsement  (or  of  a  notice)  upon  him,  to  appear 
at  the  next  term  of  the  court,  and  disclose  on  oath  in  what  sum  he  is  in¬ 
debted  to  the  defendant,  and  what  effects  of  the  defendant  he  has  in  his 
hands.  The  plaintiff  has  a  lien  upon  the  indebtedness  of,  and  property 
in  the  hands  of  the  garnishee  from  the  time  of  the  service  upon  him.  The 
garnishee  and  property  in  his  hands  are  subject  to  the  orders  of  the 
court. 

Wisconsin. 

The  arrest  of  the  defendant  may  be  had  by  the  plaintiff  by  order  of  a 
judge  at  the  issuing  of  the  summons,  or  any  time  before  judgment,  on 
an  affidavit  showing  a  cause  of  action  in  an  action  for  damages  not  on 
contract,  when  the  defendant  is  a  non-resident  or  about  to  remove  from 
the  State,  or  for  injury  to  person,  property,  or  character,  or  for  seduction 
or  criminal  conversation  ;  for  a  fine  or  penalty  ;  for  money  or  property 
embezzled  or  fraudulently  misapplied  by  a  public  officer,  attorney, 
solicitor,  or  counselor,  or  an  officer  or  agent  of  a  coporation  or  bank,  or 
by  any  factor,  agent,  broker,  or  any  person  in  a  fiduciary  capacity  ;  for 
damages  for  property  obtained  on  false  pretenses  ;  in  replevin,  where  the 
property  has  been  concealed  and  disposed  of  so  that  the  sheriff  can  not 
find  it ;  and  also  where  the  defendant  has  been  guilt}''  of  a  fraud  in  con¬ 
tracting  the  debt  or  incurring  the  obligation  sued  on,  or  in  concealing  or 
disposing  of  the  property  for  the  taking,  detention,  or  conversion  of 
which  the  action  is  brought. 

Attachments  may  be  issued  by  any  creditor  against  the  property  of  his 
debtor,  whether  a  natural  person  or  corporation,  except  a  municipal  cor¬ 
poration.  The  writ  is  issued  on  request  of  plaintiff  by  the  clerk  of  the 
court,  either  at  the  time  of  issuing  the  summons  or  at  any  time  before 
final  judgment,  in  all  actions  on  contract,  express  or  implied,  or  upon 
judgment  or  decree,  where  the  plaintiff,  or  some  one  in  his  behalf, 
shows  by  affidavit  that  fact,  and  that  the  debt  exceeds  fifty  dollars,  over 
and  above  all  legal  set-offs,  specifying  the  amount  as  near  as  may  be,  and 
containing  a  further  statement  that  deponent  knows  or  has  good  reason 
to  believe  one  of  the  following  cases  to  exist :  That  the  defendant  has 
absconded  or  is  about  to  abscond  from  the  State,  or  is  concealed  therein 
to  the  injury  of  his  creditors,  or  keeps  himself  concealed  therein  with  in¬ 
tent  to  avoid  the  service  of  a  summons  ;  that  he  has  assigned,  conveyed, 
disposed  of,  or  concealed,  or  is  about  to,  any  of  his  property,  with  intent 
to  defraud  his  creditors  ;  that  he  has  removed,  or  is  about  to  remove,  any 


366 


HOW  TO  BE  YOUR  OWN  LAWYER. 


of  his  property  out  of  the  State,  with  like  intent ;  that  he  fraudulently 
contracted  the  debt  or  incurred  the  obligation  respecting  which  the  action 
is  brought ;  that  he  is  a  non-resident ;  that  it  is  a  foreign  corporation,  or, 
if  created  under  the  laws  of  this  State,  that  all  the  proper  officers  thereof 
on  whom  to  serve  the  summons  do  not  exist,  or  are  non-residents  of  the 
State,  or  can  not  be  found  ;  that  the  action  is  brought  against  the  defend¬ 
ant,  as  principal  upon  an  official  bond,  to  recover  money  due  the  State, 
or  some  county,  or  other  municipality  therein,  or  an  affidavit  may  be 
made  showing  that  a  cause  of  action  sounding  in  tort  exists  in  favor  of 
ihe  plaintiff  against  defendant ;  that  the  damages  claimed  exceed  the  sum 
of  fifty  dollars,  specifying  the  amount  claimed,  and  the  further  state¬ 
ment,  either  that  the  defendant  is  not  a  resident  of  this  State,  or  that  his 
residence  is  unknown  and  can  not  with  due  diligence  be  ascertained,  or 
that  defendant  is  a  foreign  corporation. 

Real  estate  may  be  bound  by  filing  a  copy  of  the  attachment  and  a  de¬ 
scription  of  the  land  attached  in  the  register’s  office  of  the  county  where 
the  land  lies. 

In  justices’  courts  warrants  of  attachment  are  issued  on  a  similar  affi¬ 
davit,  in  cases  on  contract  for  five  dollars  and  over,  without  bond  and 
without  right  in  the  defendant  to  traverse  the  affidavit. 

Any  creditor  may  proceed  by  garnishment  in  the  circuit  court  of  the 
proper  county  against  any  person  (except  a  municipal  corporation)  who 
shall  be  indebted  to  or  have  any  property,  real  or  personal,  in  his  posses¬ 
sion  or  under  his  control  belonging  to  such  creditor’s  debtor,  whenever 
an  action  is  pending  upon  contract  against  such  debtor. 

Wyoming. 

A  defendant  in  a  civil  action  can  be  arrested  before  and  after  judg¬ 
ment  when  an  affidavit  is  filed  showing  the  nature  of  the  plaintiff’s 
claim,  that  it  is  just,  and  the  amount  thereof  as  nearly  as  may  be,  and 
establishing  one  or  more  of  the  following  particulars  :  That  the  debtor 
has  removed  or  begun  to  remove  any  of  his  property  out  of  the  jurisdic¬ 
tion  of  the  court  with  intent  to  defraud  his  creditors.  That  he  has  begun 
to  convert  his  property  or  a  part  thereof  into  money  for  the  purpose  of 
placing  it  beyond  the  reach  of  his  creditors.  That  he  has  property  or 
rights  in  action  which  he  fraudulently  conceals.  That  he  has  assigned, 
removed,  or  disposed  of,  or  has  begun  to  dispose  of  his  property  or  a  part 
thereof  with  intent  to  defraud  his  creditors.  That  he  fraudulently  con¬ 
tracted  the  debt  or  incurred  the  obligation  for  which  the  suit  is  about  to 
be  or  has  been  brought. 

The  plaintiff  in  a  civil  action  for  the  recovery  of  money  may  at  or 
after  the  commencement  thereof  have  an  attachment  against  the  prop¬ 
erty  of  the  defendant,  and  upon  the  following  grounds  :  1.  When  the 
defendant,  or  one  of  the  defendants,  is  a  foreign  corporation  or  a  non¬ 
resident  of  the  Territory.  2.  Has  absconded  with  intent  to  defraud  his 
creditors.  3.  Has  left  the  county  of  his  residence  to  avoid  the  service  of 
summons.  4.  So  conceals  himself  that  a  summons  can  not  be  served  on 
him.  5.  Is  about  to  remove  his  property  or  a  part  thereof  out  of  the 
jurisdiction  of  the  court  with  the  intent  to  defraud  his  creditors.  6.  Is 


HOW  TO  BE  YOUR  OWN  LAWYER. 


367 


about  to  convert  his  property  or  a  part  thereof  into  money  for  the  pur 
pose  of  placing  it  beyond  the  reach  of  his  creditors.  7.  Has  property  or 
rights  in  action  which  he  conceals.  8.  Has  assigned,  removed,  or  dis¬ 
posed  of,  or  is  about  to  dispose  of  his  property  or  a  part  thereof  with  the 
intent  to  defraud  his  creditors.  9.  Fraudulently  contracted  the  debt  or 
incurred  the  obligation.  10.  In  all  cases  not  exceeding  two  hundred  and 
t5.fty  dollars  in  which  the  debt  is  not  otherwise  secured,  and  which  has 
not  been  paid  when  due  and  within  ten  days  thereafter  on  demand. 

After  the  writ  is  issued  it  is  levied  upon  any  property  of  the  defendant 
cot  exempt  from  attachment.  Moneys  and  credits  in  the  hands  of  any 
person  may  also  be  garnished  under  the  writ. 


RIGHTS  OF  MARRIED  WOMEN. 

[See  Marriage.] 


SHIPPING. 

All  vessels  from  foreign  ports  must  enter  and  discharge  their  cargo  at 
a  port  of  entry. 

American  vessels  must  bring  a  manifest  which  must  be  given  to  the 
first  officer  of  the  customs  coming  aboard.  The  manifest  must  contain 
the  name  of  the  place  where  the  goods  were  obtained  and  the  port  to 
which  they  are  consigned.  The  name,  description,  and  build  of  the  ves¬ 
sel  ;  her  tonnage,  and  the  name  of  the  owner  and  master ;  a  particular 
account  of  the  goods  and  the  names  of  the  parties  to  whom  they  are  con¬ 
signed,  and  the  names  of  the  passengers,  a  description  of  their  baggage, 
and  a  statement  of  their  remaining  stores,  if  any. 

A  list  of  the  crew  must  be  given  the  first  boarding  officer,  who  will 
compare  it  with  the  crew  on  board.  Two-thirds  of  the  crew  must  be 
citizens  of  the  United  States. 

The  name,  age,  sex,  occupation,  and  destination  of  each  passenger, 
and  the  number  of  those  who  have  died,  must  be  listed. 

Registry  and  clearance  papers  must  be  deposited  with  the  collector. 

A  tonnage  duty  of  ten  cents  a  ton  is  payable  on  foreign  shipping,  but 
not  oftener  than  once  a  year  by  traders  to  Mexico,  Canada,  and  the  West 
Indies. 

Obtaining  papers  for  vessels,  and  especially  for  foreign  ones,  is  a  mat¬ 
ter  that  varies  at  each  port ;  in  general,  blank  forms  and  instructions  are 
given  by  the  officers  of  the  port,  so  as  to  make  a  technical  treatise  on  the 
subject  impracticable. 


368 


HOW  TO  BE  YOUR  OWN  LAWYER. 


By  the  laws  of  the  United  States  a  written  or  printed  agreement  must 
be  made  with  every  member  of  a  crew  shipped  to  a  foreign  port,  or  to  a 
port  of  any  State  beyond  the  adjoining  State,  declaring  the  voyage  or  voy¬ 
ages,  term  or  terms  of  time,  for  which  such  seaman  or  mariner  shall  be 
shipped.  At  the  foot  of  each  contract  must  be  a  memorandum  of  the 
day  and  hour  when  the  seaman  must  be  on  board  to  begin  the  voyage. 
Oppressive  and  unusual  articles  in  such  agreements  will  not  be  enforced 
i )y  t.  e  courts. 

The  general  form  of  maritime  contracts  is  given  below. 


Form  of  Shipping  Articles. 

Unived  States  of  America. 

It  is  agreed  between  the  master  and  seamen,  or  mariners,  of  the  [name 
of  vessel],  of  whereof  A.  B.  is  at  present  master,  or  whoever  shall 
go  for  master,  now  bound  from  the  port  of  [naming  shipping  port],  to 
[here  designate  the  voyage  definitely]. 

That,  in  consideration  of  the  monthly  or  other  wages  against  each  re¬ 
spective  seaman  or  mariner’s  name  hereunder  set,  they  severally  shall 
and  will  perform  the  above-mentioned  voyage.  And  the  said  master 
doth  hereby  agree  with  and  hire  the  said  seamen  or  mariners  for  the  said 
voyages,  at  such  monthly  wages  or  prices,  to  be  paid  pursuant  to  this 
agreement,  and  the  laws  of  the  Congress  of  the  United  States  of  America ; 
and  they,  the  said  seamen  or  mariners,  do  severally  hereby  promise  and 
oblige  themselves  to  do  their  duty,  and  obey  the  lawful  commands  of 
tlieir  officers  on  board  the  said  vessel,  or  the  boats  thereunto  belonging, 
as  become  good  and  faithful  seamen  or  mariners  ;  and  at  all  places  where 
the  said  vessel  shall  put  in,  or  anchor  at  during  the  said  voyage,  to  do 
their  best  endeavors  for  the  preservation  of  the  said  vessel  and  cargo,  and 
not  to  neglect  or  refuse  doing  their  duty  by  day  or  night,  nor  shall  go 
out  of  the  said  vessel  on  board  any  other  vessel,  or  be  on  shore,  under 
any  pretence  whatsoever,  until  the  above  said  voyage  be  ended,  and  the 
said  vessel  be  discharged  of  her  loading,  without  leave  first  obtained  of 
the  captain  or  commanding  officer  on  board  ;  that  in  default  thereof,  he 
or  they  will  be  liable  to  all  the  penalties  and  forfeitures  mentioned  in  the 
marine  law,  enacted  for  the  government  and  regulation  of  seamen  in  the 
merchants’  service  in  which  it  is  enacted,  “  That  if  any  seaman  or  mar¬ 
iner  shall  absent  himself  from  on  board  the  ship  or  vessel,  without  leave 
of  the  master  or  officer  commanding  on  board  ;  and  the  mate,  or  other 
officer  having  charge  of  the  log-book,  shall  make  an  entry  therein  of  the 
name  of  such  seaman  or  mariner,  on  the  day  on  which  he  shall  so  absent 
himself  ;  and  if  such  seaman  or  mariner  shall  not  return  to  his  duty  within 
forty-eight  hours,  such  seaman  or  mariner  shall  forfeit  three  days’  pay 
for  every  day  which  he  shall  so  absent  himself,  to  be  deducted  out  of  his 
wages  ;  but  if  any  seaman  or  mariner  shall  absent  himself  for  more  than 
forty-eight  hours  at  one  time,  he  shall  forfeit  all  wages  due  to  him,  and 


HOW  TO  BE  YOUR  OWN  LAWYER. 


369 


all  his  goods  and  chattels  which  were  on  board  the  said  ship  or  vessel,  or 
in  any  store  where  they  may  have  been  lodged  at  the  time  of  his  deser¬ 
tion,  to  the  use  of  the  owner  or  owners  of  the  said  ship  or  vessel,  and 
moreover  shall  be  liable  to  pay  him  or  them  all  damages  which  he  or 
they  may  sustain  by  being  obliged  to  hire  other  seamen  or  mariners  in 
his  or  their  place.”  And  it  is  further  agreed,  that  in  case  of  desertion, 
death,  or  imprisonment,  the  wages  are  to  cease.  And  it  is  further  agreed 
by  both  parties,  that  each  and  every  lawful  command  which  the  said 
master  or  other  officer  shall  think  necessary  hereafter  to  issue  for  the 
effectual  government  of  the  said  vessel,  suppressing  immorality  and  vice 
of  all  kinds,  shall  be  strictly  complied  with,  under  the  penalty  of  the 
person  or  persons  disobeying,  forfeiting  his  or  their  whole  wages  or  hire, 
together  with  everything  belonging  to  him  or  them  on  board  the  said 
vessel.  And  it  is  further  agreed  on,  that  no  officer  or  seaman  belonging 
to  the  said  vessel  shall  demand  or  be  entitled  to  his  wages,  or  any  part 
thereof,  until  the  arrival  of  said  vessel  at  the  said  vessel’s  final  port  of 
discharge,  and  her  cargo  delivered.  And  it  is  hereby  further  agreed, 
between  the  master,  officers,  and  seamen  of  the  said  vessel,  that  whatever 
apparel,  furniture,  and  stores  each  of  them  may  receive  into  their  charge, 
belonging  to  the  said  vessel,  shall  be  accounted  for  on  her  return  ;  and  in 
case  anything  shall  be  lost  or  damaged  through  their  carelessness  or  in¬ 
efficiency,  it  shall  be  made  good  by  such  officer  or  seaman,  by  whose 
means  it  may  happen,  to  the  master  and  owners  of  the  said  vessel. 

And  it  is  hereby  expressly  agreed,  that  should  the  said  ship  on  the  said 
voyage  be  seized,  detained,  or  fined,  for  smuggling  tobacco,  or  any  other 
article,  by  one  or  more  of  the  undersigned  sailors,  cooks,  or  stewards, 
they  shall  all  be  responsible  for  the  damages  thence  resulting,  and  shall 
severally  forfeit  their  wages,  and  all  their  goods  and  chattels  on  board  to 
the  amount  of  such  damage,  and  that  the  certificate  of  the  person  or  per¬ 
sons  who  may  seize,  detain,  or  fine  the  said  ship  for  smuggling,  signed 
by  him  or  them,  and  verified  by  the  American  Consul  at  under  his 
seal  of  office,  shall  be  conclusive  evidence  of  the  facts  therein  stated,  in 
all  courts  whatsoever,  and  especially  as  to  the  fact  that  smuggling  had 
been  committed,  the  individual  or  individuals  by  whom  the  same  had 
been  committed,  the  amount  of  the  fine  imposed  therefor  upon  the  said 
ship,  the  incidental  expenses  thereon,  and  the  number  of  days  the  said 
ship  was  detained  in  consequence  thereof.  No  grog  allowed,  and  none 
to  be  put  on  board  by  the  crew  ;  and  no  profane  language  allowed,  nor 
an}r  sheath -knives  permitted  to  be  brought  or  used  on  board. 

And  whereas,  it  is  customary  for  the  officers  and  seamen  while  the 
vessel  is  in  port,  or  while  the  cargo  is  delivering,  to  go  on  shore  at  night 
to  sleep,  greatly  to  the  prejudice  of  such  vessel  and  freighters,  be  it  fur¬ 
ther  agreed  by  the  said  parties,  that  neither  officer  nor  seamen  shall,  on 
any  pretence  whatever,  be  entitled  to  such  indulgence,  but  shall  do  their 
duty  by  day  in  discharge  of  the  cargo,  and  keep  such  watch  by  night  as 
the  master  shall  think  necessary  to  order  relative  to  said  vessel  or  cargo  ; 
and  whereas,  it  frequently  happens  that  the  owner  or  captain  incurs  ex¬ 
penses  while  in  a  foreign  port,  relative  to  the  imprisonment  of  one  oi 
more  of  his  officers  or  crew,  or  in  the  attendance  of  nurses,  or  in  the 
payment  of  board  on  shore,  for  the  benefit  of  such  person  or  persons, 
16* 


370 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Now  it  is  understood  and  agreed  by  the  parties  hereunto,  that  all  such 
expenditures  as  may  be  incurred  by  reason  of  the  foregoing  premises, 
shall  be  charged  to,  and  deducted  out  of  the  wages  of  any  officer  or  such 
one  of  the  crew  by  whose  means  or  for  whose  benefit  the  same  shall  have 
been  paid.  And  whereas,  it  often  happens  that  part  of  the  cargo  is  em¬ 
bezzled  after  being  safely  delivered  into  lighters,  and  as  such  losses  are 
made  good  by  tne  owners  of  the  vessel,  be  it  therefore  agreed  by  these 
presents,  that  whatever  officer  or  seaman  the  master  shall  think  proper 
to  appoint,  shall  take  charge  of  her  cargo  in  the  lighters,  and  go  with  it 
to  the  lawful  quay,  and  there  deliver  his  charge  to  the  vessel’s  husband, 
or  his  representative,  to  see  the  same  safely  landed.  That  each  seaman 
or  mariner  who  shall  well  and  truly  perform  the  above-mentioned  voyage 
(provided  always  that  there  be  no  desertion,  plunderage,  embezzlement, 
or  other  unlawful  acts  committed  on  the  said  vessel’s  cargo  or  stores), 
shall  be  entitled  to  the  payment  of  the  wages  or  hire  that  may  become 
due  to  him  pursuant  to  this  agreement,  as  to  their  names  is  severally  af¬ 
fixed  and  set  forth  :  Provided,  nevertheless,  that  if  any  of  the  said  crew 
disobey  the  orders  of  the  said  master  or  other  officer  of  the  said  vessel, 
or  absent  himself  at  any  time  without  liberty,  his  wages  due  at  the  time 
of  such  disobedience  or  absence  shall  be  forfeited  ;  and  in  case  such  per¬ 
son  or  persons  so  forfeiting  wages  shall  be  reinstated  or  permitted  to  do 
further  duty,  it  shall  not  do  away  such  forfeiture.  It  being  understood 
and  agreed,  by  the  said  parties,  that  parol  proof  of  the  misconduct,  ab¬ 
sence  or  desertion  of  any  officer  or  any  of  the  crew  of  said  vessel,  may 
be  given  in  evidence  at  any  trial  between  the  parties  to  this  contract,  any 
act,  law,  or  usage  to  the  contrary  thereof  notwithstanding.  In  testimony 
whereof,  and  for  the  due  performance  of  each  and  every  of  the  above- 
mentioned  articles  and  agreements,  and  acknowledgment  of  their  being 
voluntarily,  and  without  compulsion  or  any  other  clandestine  means 
being  used,  agreed  to,  and  signed  by  us,  we  have  each  and  every  of  us 
hereunto  affixed  our  hands,  the  month  and  day  against  our  names  as 
hereunder  written.  And  it  is  hereby  understood  and  mutually  agreed, 
by  and  between  the  parties  aforesaid,  that  they  will  render  themselves  on 
board  the  said  vessel,  on  or  before  [Saturday]  the  day  of  18 
at  o’clock  in  the  noon.  [Here  set  down  in  columns  the  date  of 
entry ;  signature  by  the  seamen ;  stations ;  birthplace ;  age ;  height  in 
feet  and  inches  ;  wages  per  month  ;  advance  wages  ;  advance  abroad  ; 
hospital  money ;  time  of  service  in  months  and  days ;  whole  wages ; 
wages  due  ;  sureties  ;  and  witnesses  of  the  signing  of  each.] 


SUBSCRIPTION  PAPERS. 

Subscription  papers,  like  all  other  contracts,  require  a  party  to  contract 
with,  and  also  a  consideration,  to  make  them  valid  and  binding.  The 
object  of  the  subscription  should  be  clearly  stated,  the  party  to  whom  it 
is  to  be  paid  and  the  consideration.  Where,  however,  the  paper  imports 
a  request  to  the  body  who  are  to  apply  the  fund,  and  they  go  on  and  in¬ 
cur  liabilities  on  the  faith  of  the  subscription,  the  consideration  may  be 


HOW  TO  BE  YOUR  OWN  LAWYER. 


8T1 


inferred  from  the  facts ;  and  in  such  a  case,  the  subscription  become! 
binding  from  the  time  of  the  acts  constituting  the  consideration. 

Subscription  for  a  Building. 

We,  the  subscribers,  agree  to  pay  the  sums  set  opposite  our  respective 
names,  for  the  purpose  of  building  a  Presbyterian  church  at  ;  said 
church  to  be  built  on  the  lot  now  occupied  by  the  old  Presbyterian  church 
in  said  village.  The  amount  to  be  subscribed,  in  cash,  is  to  be  the 
money  to  be  paid  to  the  trustees  of  said  church,  or  to  a  building  com¬ 
mittee  to  be  appointed  by  the  undersigned  subscribers.  The  body  of  the 
church  to  be  finished  and  furnished  uniformly  ;  the  pews  or  slips  are  to 
be  equally  assessed,  and  rented  annually  ;  and  said  assessments  and  rents 
to  be  paid  and  applied  by  said  trustees  in  payment  for  the  stated  preach¬ 
ing  of  the  gospel  in  said  church  and  congregation,  and  expenses  of  said 
church. 

[Date.]  [Signatures  and  sums.] 


Subscription  to  the  Support  of  a  Clergyman. 

We,  the  subscribers,  being  members  of  the  religious  society  in 
and  being  desirous  of  raising  a  salary  for  the  support  of  A.  B.,  as  a  min¬ 
ister  of  the  gospel  in  said  society,  do,  for  this  purpose,  and  for  the  con¬ 
sideration  of  one  dollar  received  of  the  trustees  of  said  society,  before 
signing  this  instrument,  promise,  covenant  and  engage,  each  one  for  him¬ 
self,  individually  and  severally,  to  and  with  the  said  trustees,  that  we 
will  each  pay  to  the  said  trustees,  or  such  person  as  they  shall  appoint  to 
receive  the  same,  the  sums  respectively  annexed  to  our  names,  to  be  paid 
annually,  so  long  as  the  said  A.  B.  shall  administer  the  gospel  in  said  so¬ 
ciety,  and  so  long  as  we,  the  subscribers,  shall  reside  within  four  miles  of 
the  meeting-house  in  said  society,  to  be  by  the  said  trustees  applied  for 
the  sole  purpose  of  paying  the  salary  of  A.  B.  The  first  annual  payment 
shall  be  made  at  the  expiration  of  one  year  after  he  shall  be  installed  or 
ordained  in  the  said  society,  and  in  each  and  every  year  thereafter.  And 
this  instrument  shall  not  be  obligatory  on  us  in  any  manner,  until  the 
whole  sum  subscribed  shall  amount  to  the  sum  of  dollars. 

[Date.]  [Signatures  and  sums.] 

Form  for  a  Testimonial  to  a  Retiring  Sunday-school  Superin¬ 
tendent. 

We,  the  undersigned,  teachers  and  pupils  of  the  Sunday-school, 
agree  to  pay  the  sums  set  against  our  names  for  the  purpose  of  procuring 
a  fitting  testimonial  of  our  respect  and  regard  for  on  the  occasion  of 
his  retirement  from  the  position  of  superintendent. 

The  above  form,  with  slight  alterations,  can  be  used  for  a  variety  of 
occasions  and  purposes. 


372 


IIOW  TO  BE  YOUR  OWN  LAWYER. 


TRADE-MARKS • 

A  trade-mark  is  a  symbol,  emblem,  or  mark  which  a  tradesman  puts 
upon  or  wraps  or  attaches  in  some  way  to  the  goods  he  manufactures  or 
has  caused  to  be  manufactured. 

It  may  be  in  any  form  of  letters,  words,  vignettes,  or  ornamental  de¬ 
signs.  A  person  can  not  acquire  a  trade-mark  in  a  word  or  phrase  which 
denotes  the  nature,  kind  or  quality  of  the  article  in  which  he  deals. 

A  trade-mark  is  a  property  right,  and  is  the  subject  of  sale,  whether  it 
is  the  name  of  the  firm  or  of  persons  manufacturing  the  article,  or  some 
arbitrary  name. 

There  is  no  violation  of  a  trade-mark  if  a  person  of  ordinary  fore¬ 
sight  could  distinguish  between  it  and  the  original. 

One  can  not  be  protected  in  his  trade-mark  if  it  is  immoral  or  dishonest, 
with  intent  to  defraud. 

The  following  are  the  laws  governing  the  registration  of  trade-marks, 
and  the  forms  of  application  therefor : 

Sec.  77.  And  be  it  further  enacted,  That  any  person  or  firm  domicil¬ 
ed  in  the  United  States,  and  any  corporation  created  by  the  authority  of 
the  United  States,  or  of  any  State  or  Territory  thereof,  and  any  person, 
firm,  or  corporation  resident  of,  or  located  in,  any  foreign  country 
which  by  treaty  or  convention  affords  similar  privileges  to  citizens  of 
the  United  States,  and  who  are  entitled  to  the  exclusive  use  of  any  law¬ 
ful  trade-mark,  or  who  intend  to  adopt  and  use  any  trade-mark  for 
exclusive  use  within  the  United  States,  may  obtain  protection  for  such 
lawful  trade-mark  by  complying  with  the  following  requirements,  to 
wit : 

1.  By  causing  to  be  recorded  in  the  patent  office  the  names  of  the 
parties,  and  their  residences  and  places  of  business,  who  desire  the  pro¬ 
tection  of  the  trade-mark. 

2.  The  class  of  merchandise  and  the  particular  description  of  goods 
comprised  in  such  class,  by  which  the  trade-mark  has  been,  or  is  intended 
to  be,  appropriated. 

3.  A  description  of  the  trade-mark  itself,  with  fac-similes  thereof, 
and  the  mode  in  which  it  has  been,  or  is  intended  to  be,  applied  and  used. 

4.  The  length  of  time,  if  any,  during  which  the  trade-mark  has  been 
used. 

5.  The  payment  of  a  fee  of  twenty-five  dollars,  in  the  same  manner 
and  for  the  same  purpose  as  the  fee  required  for  patents. 

6.  The  compliance  with  such  regulations  as  may  be  prescribed  by  the 
Commissioner  of  Patents. 

7.  The  filing  of  a  declaration,  under  the  oath  of  the  person,  or  of  some 
member  of  the  firm,  or  officer  of  the  corporation,  to  the  effect  that  the 
party  claiming  protection  for  the  trade-mark  has  a  right  to  the  use  of  the 
same,  and  that  no  other  person,  firm,  or  corporation  has  the  right  to  such 


HOW  TO  BE  YOUR  OWN  LAWYER. 


373 


use,  either  in  the  identical  form,  or  having  such  near  resemblance  thereto 
as  might  be  calculated  to  deceive,  and  that  the  description  and  fac-similes 
presented  for  record  are  true  copies  of  the  trade-mark  sought  to  be  pro¬ 
tected. 

Trade-marks  remain  in  force  thirty  years,  except  on  articles  not 
manufactured  in  this  country,  but  expire  at  the  time  of  expiration  in  any 
foreign  country. 

All  necessary  petitions,  specifications,  declarations  and  oath  for  signa¬ 
ture  of  applicant,  together  with  how  to  sign,  will  be  furnished  by  the 
patent  office  at  Washington. 

The  right  to  use  such  trade-mark  is  transferable  by  assignment  in  the 
same  manner  as  patents. 

All  reproduction,  counterfeiting,  copying,  or  imitating  any  such  trade¬ 
mark  and  affixing  the  same  to  goods  of  substantially  the  same  descriptive 
properties  and  qualities  as  those  referred  to  in  the  registration,  subjects 
the  party  using  the  same  to  an  action  for  damages  in  any  court  of  com¬ 
petent  jurisdiction  in  the  United  States. 


Registration  of  Prints  and  Labels. 

By  an  act  of  Congress  approved  June  18,  1874,  it  is  provided  that 
certain  prints  and  labels  may  be  registered  in  the  patent  office. 

Sec.  8.  That  in  the  construction  of  this  act  the  words  “  engraving,” 
“cut,”  and  “print,”  shall  be  applied  only  to  pictorial  illustrations  or 
works  connected  with  the  fine  arts,  and  no  prints  or  labels  designated  to 
be  used  for  any  other  articles  of  manufacture  shall  be  entered  under  the 
copyright  law,  but  may  be  registered  in  the  patent  office.  And  the 
Commissioner  of  Patents  is  hereby  charged  with  the  supervision  and 
control  of  the  entry  or  registry  of  such  prints  or  labels,  in  conformity 
with  the  regulations  provided  by  law  as  to  copyright  of  prints,  except 
that  there  shall  be  paid  for  recording  the  title  of  any  print,  or  label,  not 
a  trade-mark,  six  dollars,  which  shall  cover  the  expense  of  furnishing  a 
copy  of  the  record  under  the  seal  of  the  Commissioner  of  Patents,  to  the 
party  entering  the  same. 

Sec.  6.  That  this  act  shall  take  effect  on  and  after  the  first  day  of 
August,  eighteen  hundred  and  seventy-four. 

Approved,  June  18,  1874. 

By  the  word  “print,”  as  used  in  the  said  act,  is  meant  any  device, 
picture,  word  or  words,  figure  or  figures  (not  a  trade-mark)  impressed  or 
stamped  directly  upon  the  article  of  manufacture,  to  donate  the  name 
of  the  manufacturer,  or  place  of  manufacture,  style  of  goods  or  other 
matter. 

By  the  word  “label,”  as  therein  used,  is  meant  a  slip  or  piece  of 
paper,  or  other  material,  to  be  attached  in  any  manner  to  manufactured 
articles,  or  to  bottles,  boxes,  and  packages  containing  them,  and  bearing 
an  inscription  [not  a  trade-mark],  as,  for  example,  the  name  of  the 
manufacturer  or  the  place  of  manufacture,  the  quality  of  good3,  direc¬ 
tions  for  use,  etc. 

By  the  words  “articles  of  manufacture,”  to  which  such  print  or  label 


374 


IIOW  TO  BE  YOUR  OWN  LAWYER. 


is  applicable  by  said  act,  are  meant  all  vendible  commodities  produced  b^ 
hand,  machinery,  or  art. 

But  no  such  print  or  label  can  be  registered  unless  it  properly  belongs 
to  an  article  of  commerce,  and  be  as  above  defined  ;  nor  can  the  same  be 
registered  as  such  print  or  label  when  it  amounts  in  law  to  a  technical 
trade-mark. 

To  entitle  the  owner  of  any  such  print  or  label  to  register  the  same  in 
the  patent  office,  it  is  necessary  that  five  copies  of  the  same  be  filed,  one 
of  which  copies  shall  be  certified  under  the  seal  of  the  Commissioner  of 
Patents,  and  returned  to  the  registrant. 


Form  of  Application  for  Registration. 

FOE  AN  INDIVIDUAL. 

To  the  Commissioner  of  Patents  : 

The  undersigned,  A.  B.,  of  the  city  of  county  of  and  State  of 
and  a  citizen  of  the  United  States  [or  resident  therein,  as  the  case 
may  bel,  hereby  furnishes  five  copies  of  a  print  [or  “label,”  as  the  case 
may  be],  of  which  he  is  the  sole  proprietor. 

The  said  print  [or  “label”]  consists  of  the  words  and  figures  as  fol¬ 
lows,  to  wit :  [Description.] 

And  he  hereby  requests  that  the  said  print  be  registered  in  the 
patent  office,  in  accordance  with  the  act  of  Congress  to  that  effect 
approved  June  18,  1874. 

[Signature.] 

[Date.]  Proprietor. 

Form  for  a  Corporation. 

The  applicant,  a  corporation  created  by  authority  of  the  laws  of  the 
State  of  [as  the  case  may  be],  and  doing  business  in  said  State, 
hereby  furnishes  five  copies  of  a  label  [or  “  print,”  as  the  case  may  be], 
of  which  it  is  the  sole  proprietor. 

The  said  label  consists  of  the  words  and  figures  as  follows,  to  wit : 
[Description.] 

And  it  is  hereby  requested  that  the  said  label  be  registered  in  the 
patent  office,  in  accordance  with  the  act  of  Congress  to  that  effect, 
approved  June  18, 1874. 

Witness  the  seal  of  the  said  corporation  at  ,  18  . 

[Signature.] 

President  [or  other  officer.] 

[Seal.] 

The  certificate  of  such  registration  will  continue  in  force  for  twenty- 
eight  years. 

The  fee  for  registration  of  a  print  or  label  is  six  dollars,  to  be  paid  in 
the  same  manner  as  fees  for  patents. 

The  benefits  of  this  act  seem  to  be  confined  to  citizens,  or  residents,  ol 
the  United  States. 


HOW  TO  BE  YOCTR  OWN  LAWYER. 


375 


TRESPASS. 

A  trespass  is  any  wrong-doing,  or  act  of  one  person  whereby  anothel 
is  injuriously  treated  or  made  to  sustain  damages. 

Its  more  primary  signification  is  any  unlawful  act  committed  with  vio¬ 
lence  to  the  person,  property,  or  rights  of  another. 

Another  restricted  sense  is  any  unauthorized  entry  on  the  real  estate  of 
another. 

An  act  may  be  trespass  though  no  damage  be  done,  though  damage  is 
necessary  to  make  a  cause  of  action  against  the  trespasser  on  the  land  of 
another  person ;  the  breaking  of  a  blade  of  grass  is  said  to  be  enough 
to  constitute  a  trespass. 

An  action  for  trespass  may  be  brought  for  personal  injury,  such  as 
assault,  battery,  wounding,  imprisonment  and  the  like,  for  injuries  to 
the  person  of  another,  directly  injuring  the  complainant  in  his  rights  as 
a  master,  parent,  etc.;  for  injuries  to  personal  property  in  taking  it  away; 
striking  or  chasing,  if  alive,  and  carrying  awTay  personal  property,  to  the 
damage  of  the  plaintiff. 

Trespass  on  real  property  is  consequent  on  entering,  without  right,  on 
another’s  inclosure,  though  there  may  be  none  but  an  imaginary  fence. 


TRUSTS  AND  TRUSTEES . 

A  trust  is  a  right  of  property,  real  or  personal,  held  by  one  party  for 
the  benefit  of  another.  It  is  founded  on  confidence,  and  out  of  it  grow 
two  different  estates,  or  property  rights,  the  legal  title  of  which  is  in  the 
trustee,  and  the  equitable  or  beneficial  title  in  the  person  intended  to  be 
benefited  by  the  property. 

The  objects  for  which  trusts  in  lands  may  be  expressly  created  are  :  1. 
To  sell  lands  for  the  benefit  of  creditors.  2.  To  sell  mortgage  or  lease 
lands  for  the  benefit  of  legatees,  or  for  the  purpose  of  satisfying  any 
charge  thereon.  3.  To  receive  the  rents  and  profits  of  lands,  and  apply 
them  to  the  use  of  some  person  named  in  the  instrument  creating  the 
trust.  4.  To  receive  the  rents  and  profits  of  lands,  and  accumulate 
them. 

Express  trusts  are  created  in  express  terms,  in  the  deed,  writing  or  will. 
They  are  usually  found  in  sealed  agreements,  such  as  marriage  articles, 
agreements  for  the  purchase  of  lands,  assignments  for  the  payment  ol 
debts,  and  for  carrying  out  bequests  in  wills  to  charities. 


376 


now  TO  BE  YOUR  OWN  LAWYER. 


There  are  also  implied  trusts  which  are  raised  or  implied  by  law  from 
certain  transactions,  mostly  being  the  expression  of  legal  duty. 

No  particular  form  of  words  is  necessary  to  the  creation  of  a  trust. 
Oral  words  may  be  sufficient  to  create  a  trust  in  personal  property,  but 
writing  is  necessary  in  the  case  of  real  property. 

The  person  holding  property  for  the  benefit  of  another  is  called  a 
trustee. 

Executors,  administrators,  guardians,  and  assignees  are  trustees,  to 
a  certain  extent,  and  the  law  of  trusts  is  applicable  to  them. 

A  trustee  is  held  to  strict  honesty  in  the  disposition  of  the  property. 
He  can  not  retain  any  of  the  profits  nor  purchase  the  property  upon  its 
sale,  nor  can  he  speculate  with  the  trust  property. 

A  trustee  is  chargeable  for  the  good  and  business-like  management  of 
the  trust  property. 

The  court  will  appoint  new  trustees  on  the  death  or  disability  of  the 
original  or  any  succeeding  trustees. 

A  trustee  may  renounce  or  refuse  to  accept  a  trust,  but  having  entered 
into  it  he  can  not  rid  himself  of  its  duties  unless  he  is  legally  discharged 
by  the  court,  or  the  consent  of  all  concerned.  He  can  not  delegate  his 
powers  to  another,  for  the  office  is  one  of  personal  confidence. 

Where  there  are  several  trustees  they  must  act  jointly  by  the  majority, 
and  can  net  act  and  bind  the  trust  separately,  though  executors  may. 

The  following  forms  can  be  varied  to  suit  different  trusts  : 


Declaration  of  Trust  in  Personal  Property. 

I,  A.  B.,  of  in  consideration  of  hereby  acknowledge  and  de¬ 
clare,  that  I  am  possessed  of  [ten  shares  of  the  capital  stock  of  the  C.  D. 
Company,  numbered  from  one  to  ten  inclusive],  in  trust,  and  for  the  only 
benefit  and  advantage  of  E.  F.,  of  his  executors,  administrators,  and 
assigns,  the  same  having  been  purchased  with  the  moneys  of  the  said  E. 
F. ,  and  my  name,  as  to  the  said  shares,  and  all  the  income  thereof,  from 
henceforth  to  grow  due  or  accrue,  is  used  only  in  trust  for  the  said  E.  F. 
And  I,  for  myself,  my  executors,  and  administrators,  hereby  covenant 
with  the  said  E.  F.,  his  executors,  administrators,  and  assigns,  that  I  and 
they  shall  and  will,  at  any  time  hereafter,  at  the  request  and  costs  of  the 
said  E.  F.,  his  executors  and  assigns,  assign  and  transfer  the  said  shares 
to  him,  or  them,  or  order. 

[Date.]  [Signature.] 

Declaration  of  Trust  in  Lands. 

To  all  to  whom  these  presents  shall  come,  I,  A.  B.,  of  send  greeting : 
Whereas,  C.  D.,  of  has,  by  his  deed  bearing  even  date  herewith 


HOW  TO  EE  YOUR  OWN  LAWYER. 


371 


for  the  consideration  of  dollars,  granted  and  conveyed  to  me  in  feo 
simple,  all  [etc.,  here  insert  description],  as  by  said  deed  will  more  fully 
appear  .  And  whereas  I  have  this  day  executed  and  delivered  to  said  C, 
D.  a  mortgage  upon  said  premises,  as  collateral  security  for  the  payment 
of  my  bond,  conditioned  for  the  payment  of  dollars  [here  state  terms], 
to  secure  a  part  of  the  consideration  money  expressed  in  the  said  deed. 
Now,  know  ye,  that  I,  the  said  A.  B.,  do,  by  these  presents,  make  known, 
admit  and  declare,  that  said  premises  were  so  conveyed  to  me,  and  that 
1  now  hold,  and  will  continue  to  hold,  the  same  in  trust  only,  for  the  use 
and  benefit  of  E.  F.,  son  and  heir-at-law  of  deceased,  his  heirs,  exec¬ 
utors  and  administrators,  and  that  I  have  no  beneficial  interest  therein, 
except  what  may  arise  by  legal  or  equitable  implication  from  the  circum¬ 
stances  of  my  having  executed  the  said  bond  and  mortgage.  And  I  do 
further  admit,  that  the  residue  of  the  consideration  money  expressed  in 
said  deed  to  me — to  wit,  the  sum  of  dollars — was  paid  by  G.  H.  for 
the  benefit  of  said  E.  F.  And  I  do,  for  myself,  my  heirs,  executors,  and 
administrators,  covenant  and  agree  to  and  with  said  G.  H.  and  E.  F.,  and 
each  of  them,  and  with  their  and  each  of  their  executors,  and  administra¬ 
tors,  and  assigns,  that  I,  or  my  heirs,  shall  and  will  convey  the  said  prem¬ 
ises,  by  a  good  and  sufficient  deed,  to  the  said  G.  H.,  or  his  assigns,  as 
he  or  they  may  direct  or  require,  whenever  and  as  soon  as  the  said  mort¬ 
gage,  so  executed  by  me,  shall  have  been  paid  off  and  discharged,  or  oth¬ 
erwise  fully  secured  to  me,  and  that  free,  clear  and  discharged  of  and 
from  all  and  every  encumbrance  thereon  by  me  or  my  heirs.  And  that 
I,  or  my  heirs,  shall  not  do,  or  knowingly  suffer  or  permit,  any  act,  deed, 
matter  or  thing,  whereby  said  premises  can,  shall  or  may  be  in  any  wise 
impaired,  injured  or  encumbered,  in  title,  interest,  charge,  estate  or  oth¬ 
erwise  however. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this  day 
cf  18  .  v  [Signature  and  seal.] 

Signed,  sealed,  and  delivered  in  the  presence  of 
[Signature  of  witness.] 

Deed  by  the  Trustees  of  a  Religious  Corporation,  Conveying  a 
Pew  Subject  to  Assessments  to  be  Laid. 

Know  all  men  by  these  presents,  that  the  trustees  of  the  society 
of  the  town  of  in  the  county  of  and  State  of  in  consideration 
of  dollars  to  us  paid  by  E.  F.,  of  said  town,  the  receipt  whereof  is 
hereby  acknowledged,  do  hereby  sell  and  convey  unto  the  said  E.  F. , 
the  pew  No.  in  the  church  of  the  said  society.  To  have  and  to  hold 
the  same  unto  the  said  E.  F. ,  his  heirs  and  assigns  [or,  where  a  pew  is 
personal  estate,  his  executors,  administrators,  and  assigns],  forever  ;  sub¬ 
ject  to  all  liabilities  and  encumbrances  now  legally  existing,  and  to 
such  taxes  and  assessments  as  may  from  time  to  time  be  laid  thereon  by 
said  society  ;  provided,  however,  that  no  alteration  shall  be  made  in  said 
pew,  nor  shall  the  same  be  sold  or  transferred,  by  deed  of  sale,  or  mort 
gage,  without  the  written  consent  of  said  society,  or  of  their  trustees 


378 


HOW  TO  BE  YOUR  OWN  LAWYER. 


for  the  time  being ;  and  further,  that  if,  at  any  time,  there  shall  be 
owing  from  said  pew  a  sum  equal  to  one  year's  taxes  or  assessments,  this 
conveyance  shall  be  wholly  void,  and  all  the  right,  title,  and  interest  of 
the  said  E.  F.,  his  heirs  [or,  executors,  administrators]  and  assigns,  in 
and  to  the  said  pew,  shall  revert  to  the  said  society. 

In  witness  whereof,  we  have  hereunto  set  our  hands,  and  the  corpo¬ 
rate  seal  of  said  society,  this  day  of  18  . 


Signed,  sealed,  and  delivered 
in  presence  of 
[Signature  of  witness.] 


} 


Petition  of  Trustees  for  Leave  to  Sell  or  Mortgage  Real  Prop¬ 
erty  of  the  Society. 

To  the  Court  of  the  State  of  : 

The  petition  of  the  undersigned  respectfully  shows,  that  they  are  the 
trustees  of  the  religious  society  known  as  a  religious  corporation 
formed  under  the  laws  of  this  State,  having  no  personal  property  ex¬ 
cept  [their  church  furniture],  and  no  real  estate  except  [the  lot  on  which 
stands  their  house  of  worship]  ;  [here  state  the  facts  that  the  petition  is 
based  on — e.  g.,  thus  :  that  said  house  of  worship  has  just  been  erected 
at  a  cost  of  about  dollars,  and  they  ask  the  leave  of  the  court  to 
mortgage  said  property  for  dollars,  the  term  of  years,  for  to  raise 
the  balance  of  said  money.  And  this  petition  further  shows,  that  the 
resolution  hereto  annexed  is  a  copy  of  a  resolution  which  was  unani¬ 
mously  passed  by  the  trustees  of  said  society,  at  a  meeting  duly  held ; 
and  that  the  petition  hereto  annexed  is  the  petition  of  a  majority  of  the 
legal  voters  of  said  religious  corporation,  and  that  the  property  which 
they  desire  to  mortgage  is  bounded  and  described  as  follows :]  [Add 
description.] 


[Signature  of  trustees.] 


County  of  ,  ss. 

A.  B.,  being  sworn,  says  that  he  is  clerk  [or,  the  president]  of  the 
board  of  trustees  of  the  religious  corporation  known  as  the  that  he 
has  read  the  foregoing  petition  by  him  subscribed,  &nd  knows  the  con¬ 
tents  thereof,  and  that  the  same  is  true  of  his  own  knowledge,  except  as 
to  the  matters  therein  stated  on  his  information  and  belief,  and  as  to 
those  matters  he  believes  it  to  be  true  ;  that  the  persons  who  have  signed 
the  annexed  petition  of  legal  voters  are  all  legal  voters  of  said  religious 
corporation,  and  that  the  whole  number  of  legal  voters  of  said  society 
does  not  exceed  and  that  the  foregoing  signers  of  this  petition  are  all 
the  trustees  of  said  corporation. 


Sworn  to  before  me  this  day  of  18  . 
[Signature  and  title  of  officer.] 


[Signature.] 


HOW  TO  BE  TOUR  OWN  LAWYER. 


379 


Deed  Conveying  in  Trust  for  Support  of  Grantor’s  Parents,  with 
Power  of  Appointment  to  them,  and  a  Reservation  of  Rents  f of 
Payment  of  Encumbrances. 

This  indenture  tripartite,  made  this  day  of  in  the  year  one 
thousand  eight  hundred  and  between  A.  B.,  of  the  city  of  party 
of  the  first  part,  and  E,  F.,  also  of  the  said  city,  party  of  the  second 
part,  and  G.  H.,  of  said  city,  wife  of  L.  H.,  of  said  city,  party  of  the 
third  part :  Whereas  the  undersigned  is  desirous  to  make  a  provision 
and  settlement  for  the  benefit  of  his  father,  mother,  and  sisters,  by  a 
conveyance  in  trust  of  the  property  hereinafter  mentioned,  subject, 
however,  to  the  reservations  herein  provided,  and  to  the  trusts  and 
powers  herein  contained.  Now  this  indenture  witnesseth,  that  the  said 
party  of  the  first  part,  for  and  in  consideration  of  the  sum  of  dollars, 
to  them  paid  by  the  said  parties  of  the  second  part,  the  receipt  whereof 
is  hereby  acknowledged,  have  granted,  bargained,  sold,  aliened,  remised, 
released,  conveyed,  and  confirmed,  and  by  these  presents  do  grant,  bar¬ 
gain,  sell,  alien,  remise,  release,  convey,  and  confirm  unto  the  said 
parties  of  the  second  part,  and  to  their  successors  and  assigns  forever, 
all  [here  insert  description  of  the  premises]. 

Together  with  all  and  singular  the  tenements,  hereditaments,  and  ap¬ 
purtenances  thereunto  belonging,  or  in  any  wise  appertaining,  and  the 
reversion  and  reversions,  remainder  and  remainders,  rents,  issues,  and 
profits  thereof ;  and  also  all  the  estate,  right,  title,  interest,  property, 
possession,  claim,  and  demand  whatsoever  of  the  said  party  of  the  first 
part,  both  in  law  and  in  equity,  of,  in,  and  to  the  above-granted  premises, 
with  the  hereditaments  and  appurtenances  :  To  have  and  to  hold  all  and 
singular  the  above-  granted  premises,  together  with  the  appurtenances, 
and  every  part,  unto  the  said  party  of  the  second  part,  his  heirs  and 
assigns,  forever.  [If  there  is  any  encumbrance,  add,  subject  to,  etc., 
specifying  it.]  It  is,  however,  to  be  taken  and  understood  as  part  of 
this  indenture,  and  as  limiting  and  controlling  the  grant  hereby  made  to 
the  party  hereto  of  the  second  part,  that  the  party  hereto  of  the  first 
part  hereby  retains  and  reserves  the  possession,  use,  occupation,  rents, 
issues,  and  profits  of  the  premises  hereby  conveyed,  for  the  purpose  of 
paying,  and  until  the  mortgage  liens  now  existing  upon  the  said  prem¬ 
ises  shall  be  paid  off  or  discharged,  such  retaining  and  reservation  of 
the  possession,  use,  occupation,  rents,  issues,  and  profits  not,  however,  to 
extend  beyond  the  day  of  one  thousand  eight  hundred  and  but 
to  terminate  sooner  if  the  aforesaid  mortgage  liens  shall  be  sooner  paid 
off  or  discharged,  or  if  both  L.  H.  and  G.  H.,  the  father  and  mother  of 
the  party  hereto  of  the  first  part,  shall  sooner  depart  this  life  :  In  trust, 
nevertheless,  subject  to  the  reservation  aforesaid,  that  the  said  party  of 
the  second  part,  his  heirs,  successors,  and  assigns,  shall  manage  said 
property  hereby  conveyed,  and  shall  apply  the  net  income  and  profits, 
after  deducting  for  repairs,  taxes,  assessments,  and  insurance,  which 
shall,  from  time  to  time,  be  realized  from  the  premises  hereby  conveyed 
to  the  sole  and  separate  use  of  the  said  G.  H. ,  during  her  natural  life, 


HOW  TO  BE  YOUR  OWN  LAWYER. 


680 

free  and  discharged  from  any  rights  or  claims  of  or  against  her  husband 
the  separate  receipt  or  settlement  of  the  said  G.  H.  therefor,  to  be  a  full 
and  complete  discharge  of  the  said  party  of  the  second  part ;  secondly, 
in  trust  from  the  death  of  the  said  G.  H.,  to  apply  the  said  net  incoma 
and  profits  as  they  shall  from  time  to  time  arise,  to  the  sole  use  of  the 
said  L.  H.,  and  for  the  support  of  himself  and  family  during  his  life. 
It  is  further  understood  and  to  be  taken  as  part  of  this  conveyance,  that 
the  property  and  premises  hereby  conveyed  at  the  death  of  the  said  B. 
and  G.  II.,  shall  vest  in  the  children  of  the  said  L.  H.,  or  in  a  trustee  or 
trustees  for  their  benefit,  in  such  shares  and  proportions,  and  in  such 
estates  as  the  said  L.  H.  shall  by  a  conveyance  or  last  will  and  testament 
order  and  appoint.  It  being  to  be  further  understood  and  taken  as  part 
of  this  indenture,  that  the  said  L.  II.  shall  have  the  power  of  ordering 
and  appointing,  or  distributing  among,  or  in  trust  for  his  children,  the 
fee-simple  of  said  property,  or  less  estate  therein,  either  by  a  conveyance 
or  by  a  last  will  and  testament,  subject  to  the  aforesaid  reservation  and 
life  interest,  and  in  such  shares  and  proportions,  and  in  such  manner  as 
he  shall  therein  designate  and  direct,  provided,  however,  that  at  least 
one-fourth  part  thereof  shall  be  appointed  to  the  use  of  the  party  hereto 
of  the  first  part.  It  being  the  intent  and  meaning  hereof  to  clothe 
the  said  L.  H.  with  all  the  power  and  authority  over  three-fourths  of 
said  estate  or  property,  in  distributing  the  same  among  his  children, 
subject  to  said  reservation  and  life  interests,  as  the  party  of  the  first  part 
would  have  had,  had  not  this  indenture  been  executed.  And  it  is  further 
understood  and  to  be  taken  as  part  of  this  conveyance,  that  if  the  power 
of  appointment  and  distribution  aforesaid  shall  not  be  exercised  by  the 
said  L.  II.  during  his  lifetime,  that  the  same  may  be  exercised  by  the 
said  G.  H.,  who,  upon  the  death  of  the  said  B.,  without  having  by  a 
conveyance  or  last  will  and  testament  exercised  the  power  and  authority 
hereby  granted,  shall  have  the  same  power  and  authority.  And  the  said 
party  hereto  of  the  second  part  is  hereby  authorized  and  directed  to  con¬ 
vey  tne  property  and  premises  herein  and  hereby  conveyed  in  pursuance 
and  upon  the  terms  of  the  order  and  appointment  of  the  said  B.  or  G.  II. 
legally  made  under  the  provisions  of  this  indenture.  This  indenture 
further  witnesseth,  that  the  said  party  of  the  first  part,  for  and  in  con¬ 
sideration  of  the  sum  of  ten  dollars  to  him  in  hand  paid  by  the  said 
party  of  the  third  part,  the  receipt  whereof  is  hereby  acknowledged,  and 
the  said  party  of  the  third  part  forever  discharged  therefrom,  hath 
granted,  bargained,  sold,  assigned,  transferred,  and  set  over,  and  by  these 
presents  doth,  for  himself,  his  heirs,  and  assigns,  grant,  bargain,  sell, 
assign,  transfer,  and  set  over  unto  the  said  party  of  the  third  part,  her 
heir3  and  assigns,  all  the  estate,  premises,  and  property  hereinbefore  de¬ 
scribed  and  intended  to  be  conveyed,  if  any,  which  are  not  legally  vested 
in  or  conveyed  to  the  said  party  of  the  second  part,  his  heirs  and  assigns, 
by  virtue  of  the  execution  of  this  indenture,  for  the  uses  and  pur¬ 
poses  hereinbefore  mentioned,  or  which  can  not  be  claimed  by  the  bene¬ 
ficiaries  under  or  through  the  trusts  or  persons  or  the  execution  thereof 
herein  and  hereunder  intended  to  be  legally  created,  authorized,  and 
executed,  reserving  and  retaining,  however,  to  the  said  party  of  the  first 
part  the  use,  possession,  occupation,  rents,  issues,  and  profits  of  the  said 


LOW  TO  BE  YOUR  OWN  LAWYER. 


381 


property  and  premises  for  the  period  hereinbefore  reserved  and  re* 
tained. 

In  witness  whereof,  the  said  parties  have  hereunto  set  their  hands  and 
seals  the  day  and  year  first  above  written. 

[Signatures  and  seals.] 

Signed,  sealed,  and  deliverd  in  presence  of 
[Signature  of  witness.] 


VOTERS. 

Any  male  citizen  twenty-one  years  of  age,  not  having  been  convicted 
of  felony,  is  entitled  to  vote. 

If  he  is  foreign  born  he  must  have  been  naturalized,  but  a  declaration 
of  intention  to  become  a  citizen  is  enough  to  entitle  him  to  vote  in  Arkan¬ 
sas,  Florida,  Georgia,  Indiana,  Kansas,  Michigan,  Mississippi,  Oregon, 
and  Texas. 

In  Rhode  Island  he  must  have  paid  tax  on  one  hundred  and  thirty- 
four  dollars’  worth  of  property.  In  Massachusetts  one  must  be  able  to 
read  the  Constitution  and  write  his  name. 

In  most  of  the  States  one  year’s  residence  in  the  State  is  necessary,  but 
six  months’  residence  is  sufficient  in  California,  Connecticut,  Indiana, 
Iowa,  Kansas,  Nevada,  New  Hampshire,  and  Tennessee.  In  Kentucky 
and  Rhode  Island  two  years  are  necessary,  and  in  Maine  and  Michigan 
three  months  are  sufficient.  Taxes  must  be  paid  up  in  Delaware,  Georgia, 
and  Pennsylvania. 

The  length  of  time  one  must  have  resided  in  the  county  in  order  to 
vote  therein  is  never  longer  than  half  the  time  required  in  the  State,  and 
often  it  is  much  less  than  that. 

Paupers  can  not  vote  in  Iowa,  Maine,  Massachusetts,  New  Hampshire, 
or  South  Carolina. 

Duelling  is  a  disqualification  to  vote  in  Georgia,  Kansas,  Michigan, 
and  Virginia. 


WARRANTY. 

Warranties  which  accompany  a  sale  of  personal  property  are  ol  twe 
kinds  in  respect  to  their  forms,  express  and  implied. 

An  express  guaranty  is  one  by  which  the  warrantor  covenants  or  un¬ 
dertakes  to  insure  that  the  thing  which  is  the  subject  of  the  contract  is  oi 
is  not  as  there  mentioned,  as,  for  example,  a  horse  i3  sound. 


382 


HOW  TO  BE  YOTR  OWN  LAWYER. 


An  implied  guaranty  is  one  which,  not  being  expressly  made,  the  law 
implies  by  the  fact  of  the  sale.  For  example,  the  seller  is  understood  to 
warrant  the  title  of  the  goods  he  sells  when  they  are  in  his  possession  at 
the  time  of  the  sale.  If  they  are  not  in  his  possession  when  sold  and  no 
affirmation  of  title  is  made,  the  buyer  purchases  at  his  risk. 

As  a  general  rule  there  is  no  implied  warranty  as  to  the  quality  of  the 
goods  sold. 

If  a  buyer  asks  for  or  receives  a  warranty,  it  is  his  fault  if  it  does  not 
cover  as  much  ground  and  give  him  the  protection  he  intended  it 
should. 

It  is  always  in  the  power  of  a  purchaser  to  demand  a  warranty,  and  if 
he  purchases  without  one  he  does  so  at  his  own  risk. 

No  precise  words  are  necessary  to  constitute  a  warranty.  It  is  suf¬ 
ficient  if  the  words  used  show  an  intention  on  the  part  of  the  owner  that 
the  article  sold  is  in  every  respect  as  represented. 

For  the  protection  of  the  purchaser  he  should  have  the  warranty  re¬ 
duced  to  writing  and  signed  by  the  owner. 

[For  form  of  warranty  for  a  horse,  see  remarks  on  Horses  in  another 
part  of  this  work.] 


WILLS. 

A  will  is  the  disposition  of  one’s  property  to  take  effect  after  death. 

Any  one  of  sound  mind  and  of  the  age  of  twenty-one  years,  or  major¬ 
ity,  may  make  a  will  of  real  property. 

A  will  must  be  signed  by  the  party  in  the  presence  of  witnesses  who 
see  the  party  sign,  and  who  must  sign  in  his  presence  and  in  the  presence 
of  each  other. 

The  party  must  request  the  witnesses  to  sign  his  will. 

The  number  of  witnesses  required  in  most  of  the  States  is  two,  but 
three  are  required  in  the  District  of  Columbia,  Connecticut,  Florida, 
Georgia,  Louisiana,  Maine,  Maryland,  Massachusetts,  Mississippi,  New 
Hampshire,  New  Mexico,  and  South  Carolina. 

A  gift  of  real  property  is  termed  a  devise  ;  a  gift  of  personal  property 
a  bequest  or  legacy.  # 

All  persons  may  take  personal  property  by  bequest,  and  all  persons 
capable  in  law  of  holding  real  property  may  take  real  property  by  de¬ 
vise. 

Corporations,  however,  can  not  take  real  property  by  devise,  unless 
they  are  specially  authorized  to  do  so  by  their  charters  or  other  laws. 


now  TO  BE  YOUR  OWN  LAWYER. 


883 


And  by  a  recent  act  in  New  York,  it  is  provided  that,  no  person  having  a 
husband,  wife,  child,  or  parent,  shall  devise  or  bequeath  to  any  benevo* 
lent,  charitable,  literary,  scientific  religious,  or  missionary  society,  asso¬ 
ciation,  or  corporation,  in  trust  or  otherwise,  more  than  one-half  part 
of  his  or  her  estate,  after  the  payment  of  debts ;  and  such  devise  o  r 
bequest  shall  be  valid  to  the  extent  of  one-half  and  no  more. 

No  particular  words  are  needed  to  constitute  a  will.  With  an  excep 
tion  in  favor  of  soldiers  and  sailors,  who  from  necessity  the  law  allows 
to  make  wills  verbally — called  nuncupative  wills— there  must  he  a  writ¬ 
ten  statement  of  the  testator’s  wish,  signed  by  him.  Any  statement, 
however,  which  makes  the  testamentary  character  apparent,  is  sufficient 
to  give  the  instrument  the  character  of  a  will. 

In  no  case  does  a  will  have  any  operation  until  the  testator’s  death. 
And  it  may  be  made  upon  condition,  so  that  even  then  it  will  not  take 
effect  except  under  the  circumstances  specified.  Two  persons  can  make 
a  conjoint  or  mutual  will. 

It  is  very  common  to  commence  wills  with  a  formal  preamble,  reciting 
the  testator’s  capacity  to  make  a  will,  and  the  feelings  which  move  him 
to  the  act.  These  phrases  are  not,  however,  of  any  legal  efficacy,  and 
may  be  inserted  or  not  at  pleasure.  It  is  advisable  to  affix  a  seal  to  a  will, 
although  it  is  not  required  in  all  of  the  States,  to  give  validity  to  it. 

Wills  may  be  avoided  by  cancellation  or  revocation,  or  by  the  execu¬ 
tion  of  a  will  of  later  date.  Marriage,  with  the  birth  of  issue,  amounts 
to  an  implied  revocation. 

A  bequest  to  a  wife  in  lieu  of  her  dower  must  be  clearly  expressed,  or 
she  will  be  entitled  to  both  ;  provided  that  the  claim  of  dower  is  not 
inconsistent  with  the  provisions  of  the  will.  The  courts,  however,  require 
clear  proof  of  the  inconsistency.  Such  bequest,  however,  will  not  deprive 
her  of  her  dower,  but  she  has  her  choice  between  the  two. 

"A  codicil  is  a  supplement  or  an  addition  made  to  a  will  by  the  testator, 
annexed  to  the  same,  and  to  be  taken  as  a  part  of  it ;  being  intended  for 
its  explanation  or  alteration,  or  to  make  some  addition  to,  or  subtraction 
from,  the  former  dispositions  of  the  testator.  It  should  be  executed  in 
the  same  manner  and  with  the  same  formality  as  the  original  will. 

A  codicil,  like  a  will,  may  (unless  controlled  by  statute)  be  either 
written  or  nuncupative. 

Wills  should  be  drawn  carefully  so  as  to  express  plainly  and  exactly 
the  wishes  of  the  testator. 

Soldiers  and  sailors  in  active  service  may  make  a  declaration  of  their 
will  by  word  of  mouth  to  any  witnesses  who  may  be  convenient.  There 


384 


HOW  TO  BE  YOUR  OWN  LAWYER. 


should  be  three  witnesses.  The  witnesses  reduce  the  oral  declaration  to 
writing  and  attest  it. 

In  general,  a  beneficial  devise  or  bequest  to  a  subscribing  witness  is 
void,  unless  there  are  the  requisite  number  of  other  competent  subscrib 
ing  witnesses,  so  that  the  will  may  be  proved  without  resort  to  the  testi¬ 
mony  of  the  interested  witness. 

It  is  usual  and  proper,  but  not  essential,  to  write  at  the  end  of  the 
will,  below  or  at  one  side  of  the  testator’s  signature,  a  statement  of  the 
pla  ?e,  time,  purpose,  and  circumstances  of  the  signatures  and  execution, 
and  to  let  the  witnesses  sign  below.  This  statement  is  called  the  attesta¬ 
tion  clause.  The  advantage  of  such  a  statement  is  in  facilitating  the 
probate  of  the  will.  If  a  witness  has  no  recollection  of  his  attesting  the 
will,  but  recognizes  his  name  under  such  a  statement  as  written  by  him¬ 
self,  and  testifies  that  he  should  not  have  written  it  there  had  he  not 
known  the  statement  to  be  true,  the  courts  will  generally  receive  this  as 
supplying  his  defect  of  memory. 

The  attestation  must,  except  in  a  few  States,  be  in  the  presence  of  the 
testator,  but  need  not  necessarily  be  in  the  same  room,  if  he  is  so  placed  as 
to  see  the  act.  Against  the  name  of  every  witness  his  residence  or  ad¬ 
dress  should  be  written.  In  some  of  the  States  this  is  required  by  law, 
and  in  all  cases  it  is  convenient  and  alwrays  advisable ;  but  the  absence 
of  this,  even  where  it  is  required,  does  not  invalidate  the  will. 

A  few  forms  are  given  : 


7. — Will  of  Both  Real  and  Persona!  Estate. 

I,  A.  B.,  of  ,  in  the  county  of  ,  and  State  of  ,  merchant, 
being  of  sound  and  disposing  mind  and  memory,  do  make,  publish,  and 
declare  this  to  be  my  last  will  and  testament,  hereby  revoking  all  former 
wills  by  me  at  any  time  heretofore  made. 

And  as  to  my  worldly  estate,  and  all  the  property,  real,  personal,  or 
mixed,  of  w^hich  I  shall  die  seized  and  possessed,  or  to  which  I  shall  b( 
entitled  at  the  time  of  my  decease,  I  devise,  bequeath,  and  dispose  thereoi 
in  the  manner  following,  to  wTit : 

My  will  is,  that  all  my  just  debts  and  funeral  expenses  shall,  by  my 
executors  hereinafter  named,  be  paid  out  of  my  estate,  as  soon  after  my 
decease  as  shall  by  them  be  found  convenient. 

I  give,  devise,  and  bequeath  to  my  beloved  wife,  C.  B.,  all  my  house¬ 
hold  furniture,  my  horse  and  chaise,  and  the  chaise  harness ;  and  also 
dollars  in  money,  to  be  paid  to  her  by  my  executors,  hereinafter 
named,  within  months  after  my  decease  ;  to  nave  and  to  hold  the 
same  to  her  and  her  executors,  administrators,  and  assigns  forever.  I 
also  give  to  her  the  use,  improvement,  and  income  of  my  dwelling-house, 


HOW  TO  BE  TOUR  OWN  LAWYER. 


385 


land,  and  its  appurtenances,  situated  in  aforesaid  [describing  the 
same],  and  my  land  situated  in  [describing  the  same],  to  have  and  to 
hold  the  same  to  her  for  and  during  the  term  of  her  natural  life. 

I  give  and  bequeath  to  my  honored  mother,  E.  B.,  dollars  in 

money,  to  be  paid  to  her  by  my  executors  hereinafter  appointed,  within 
months  after  my  decease  ;  to  be  for  the  sole  use  of  herself,  her  ex¬ 
ecutors,  administrators,  and  assigns. 

I  give  and  bequeath  to  my  daughter,  L.  B.,  my  shares  of  the  stock 
of  the  President,  Directors,  and  Company  of  the  Bank,  in  , 
County  of  ,  and  State  of  ,  which  are  of  the  par  value  of 
dollars  ;  to  have  and  to  hold  the  same,  together  with  all  the  profits  and 
income  thereof,  to  her,  the  said  L.  B.,  her  heirs,  executors,  adminis¬ 
trators,  and  assigns,  to  her  and  their  use  and  benefit  forever. 

I  give,  devise,  and  bequeath  to  my  son,  H.  B.,  the  reversion  or  remain¬ 
der  of  my  dwelling  or  mansion  house  and  its  appurtenances,  situate  in 
aforesaid  [describing  it],  and  all  profits,  income,  and  advantage 
that  may  result  therefrom,  from  and  after  the  decease  of  my  beloved 
wife,  C.  B.;  to  have  and  to  hold  the  same  to  him,  the  said  H.  B.,  his  heirs 
and  assigns,  from  and  after  the  decease  of  my  said  wife,  to  his  and  their 
use  and  behoof  forever. 

I  give,  devise,  and  bequeath  to  my  son,  J.  B. ,  the  reversion  or  remain¬ 
der  of  my  land  situated  in  [describing  it],  and  its  appurtenances,  and  all 
the  profits,  income,  and  advantage  that  may  result  therefrom,  from  and 
after  the  decease  of  my  beloved  wife,  C.  B. ,  to  have  and  to  hold  the  same 
to  the  said  J.  B.,  his  heirs  and  assigns,  from  and  after  the  decease  of  my 
said  wife,  to  his  and  their  use  and  behoof  forever. 

All  the  rest  and  residue  of  my  estate,  real,  personal,  and  mixed,  of 
which  I  shall  die  seized  and  possessed,  or  to  which  I  shall  be  entitled  at 
my  decease,  I  give,  devise,  and  bequeath,  to  be  equally  divided  between 
and  among  my  said  sons,  H.  B.  and  J.  B. 

And,  lastly,  I  do  nominate  and  appoint  my  said  sons,  H.  B.  and  J.  B., 
to  be  the  executors  of  this  my  last  will  and  testament. 

In  witness  whereof,  I,  the  said  A.  B.,  have  to  this  my  last  will  and 
testament,  consisting  of  sheets  of  paper,  subscribed  my  name  and 
affixed  my  seal  this  day  of  ,  in  the  year  of  our  Lord  one  thou¬ 
sand  eight  hundred  and 


Signed,  sealed,  published,  and  de-"' 
dared  by  the  said  A.  B.,  as  and 
for  his  last  will  and  testament, 

'n  the  presence  of  us,  who,  at 
his  request  and  in  his  presence, 
and  in  the  presence  of  each 
other,  have  subscribed  our 
names  as  witnesses  thereto. 

residing  at 

[Signatures  of  witnesses.]  residing  at 
residing  at 


A.  B.  [Seal.] 


,  in  county. 

,  in  county. 

,  in  county. 


17 


386 


HOW  TO  BE  YOUR  OWN  LAWYER. 


2.— Codicil  to  a  Will,  Disposing  of  Real  and  Personal  Property. 

I,  A.  B.,  the  within-named  testator,  do  hereby  make  and  publish  this 
codicil  to  my  last  will  and  testament,  bearing  date  the  day  of  , 

a.d.  18  ,  in  manner  following,  to  wit : 

I  do  revoke  the  demise,  in  my  said  will  contained,  to  my  son,  H.  B., 
of  the  reversion  or  remainder  of  my  dwelling  or  mansion-house,  and  its 
appurtenances,  situate  in,  etc.,  and  do  give  and  devise  the  same  to  my 
daughter,  L.  B.,  her  heirs  and  assigns  forever. 

I  give  and  bequeath  to  my  said  son,  H.  B.,  in  lieu  of  the  reversion  or 
remainder  of  the  said  dwelling  or  mansion-house  and  its  appurtenances, 
the  sum  of  dollars,  payable  within  months  after  my  decease ; 

and  do  hereby  ratify  and  confirm  my  said  will  in  all  other  respects. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this  day 
of  ,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 

A.  B. 

Signed,  sealed,  [etc.,  as  in  preceding  form], 

3.— A  Short  Form  of  a  Will  of  Real  and  Personal  Estate. 

I,  A.  B.,  of  the  town  of  in  the  county  of  and  State  of 
declare  this  to  be  my  last  will  and  testament : 

1.  I  give  and  bequeath  to  my  wife,  C.  B.,  dollars,  to  be  received 
by  her  in  lieu  of  dower. 

2.  To  my  son,  E.  B.,  dollars  [which  said  several  legacies  I  direct 
to  be  paid  within  after  my  decease]. 

8.  I  give  and  devise  to  my  son,  E.  B.  aforesaid,  his  heirs  and  assigns, 
all  [here  designate  the  property],  together  with  all  the  hereditaments  and 
appurtenances  thereunto  belonging  or  in  any  wise  appertaining  ;  to  have 
and  to  hold  the  premises  above  described  to  the  said  E.  B.,  his  heirs  and 
assigns,  forever. 

4.  I  give  and  devise  all  the  rest,  residue  and  remainder  of  my  real 
property,  of  every  name  and  nature  whatsoever,  to  my  said  daughter, 
M.  B.  [and  my  daughter,  O.  B.,  to  be  divided  equally  between  them, 
share  and  share  alike]. 

5.  I  give  and  bequeath  all  the  rest,  residue  and  remainder  of  my  per¬ 
sonal  property,  of  what  nature  or  kind  soever,  to  my  said  wife,  C.  B. 

6.  I  hereby  appoint  E.  B.  the  sole  executor  of  this  will,  revoking  all 
former  wills  by  me  made. 

In  witness  [etc.,  as  in  Form  1]. 

Any  one  or  more  of  the  following  clauses  which  are  given  to  aid  in 
drawing  a  will  which  is  to  contain  special  bequests  or  devises,  may  be 
inserted  in  a  will  before  the  attestation  clause : 

4.— Legacy  of  Furniture. 

I  give  and  bequeath  to  [name]  all  the  household  furniture,  books, 
works  of  art,  and  other  chattels  and  effects,  together  with  wines,  liquors. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


387 


fuel,  housekeeping  provisions,  and  other  consumable  stores,  which  shall 
at  my  decease  be  in  or  about  my  dwelling-house  at  except  [stating 
reservations,  if  any — e .  g. :]  money  and  securities  for  money,  evidences 
of  debt  and  of  title,  and  accounts,  vouchers,  and  manuscripts. 

5— Legacy  of  Furniture,  etc.,  to  Wife  during  Life  or  Widowhood. 

I  give  and  bequeath  to  my  wife  during  her  life,  and  so  long  as  she 
shall  remain  a  widow,  the  use  of  all  [etc.,  as  above].  And  after  her  de¬ 
cease  or  remarriage,  I  give  and  bequeath  the  same  to  [name]  absolutely 
if  he  [or  she]  should  be  living  at  the  decease  or  remarriage  of  my  wife  ; 
but  if  he  [or  she]  should  be  dead,  then  to  [several  parties  may  here  be 
named  in  succession  ;  or,  in  case  the  will  has  directed  the  testator’s  prop¬ 
erty  to  be  sold,  and  the  proceeds  held  in  trust,  say  :  and  after  her  decease 
or  remarriage,  I  direct  my  executors  and  trustees  to  sell  the  same,  and 
add  the  proceeds  to  the  trust-fund,  under  this  my  will]. 

6—  Legacy  of  Furniture  to  be  Divided  amongst  Children. 

I  bequeath  to  my  children  who  shall  be  living  at  the  time  of  my  death 
all  [etc.,  as  above],  equally  to  be  divided  between  them  ;  and  if  any  dis¬ 
pute  should  arise  with  respect  to  the  division,  I  authorize  my  executors 
to  distribute  the  said  effects  equally  amongst  my  said  children. 

7.— Legacy  of  Debt. 

I  bequeath  to  A.  B.  any  debt  which,  at  the  time  of  my  decease,  shall 
be  owing  from  him  to  me,  together  with  any  interest  then  due  thereupon. 

8.— Bequest  of  Jewels,  etc.,  to  Wife,  and  of  Estate  in  Househola 
Effects,  for  Life  or  Widowhood. 

I  give  and  confirm  to  my  dear  wife  all  the  jewels,  trinkets,  and  per 
sonal  ornaments  worn  or  used  by  her  during  my  lifetime ;  and  I  also 
give  to  her  all  my  wines,  liquors,  and  other  consumable  stores,  and  all 
my  horses  and  carriages,  for  her  absolute  use  and  benefit.  I  give  all  my 
plate  and  plated  articles,  books,  pictures,  and  prints  unto  my  said  wife, 
to  use  and  enjoy  the  same  during  her  life,  if  she  shall  so  long  continue 
my  widow  ;  and  from  and  after  her  decease  or  second  marriage  (which¬ 
ever  shall  first  happen),  to  such  son  of  me  as  shall  first  attain  the  age  of 
twenty-one  years.  I  give  my  leasehold  dwelling-house,  being  No. 
etc.  [describing  it],  and  all  my  furniture  and  household  effects  being  in 
oi  about  or  appropriated  or  belonging  to  the  said  dwelling-house,  other 
than  and  not  being  plate  or  plated  articles,  books,  pictures,  or  prints, 
unto  my  said  wife,  to  occupy  the  said  dwelling-house,  and  to  use  and 
enjoy  the  said  furniture  and  household  effects  during  her  life,  if  she  shall 
so  long  continue  my  widow,  she  paying  the  ground-rent,  and  all  taxes 
and  outgoings  payable  in  respect  of  the  said  dwelling-house,  and  observ¬ 
ing  and  performing  the  covenants  contained  in  the  lease  under  which  the 
same  is  or  at  my  decease  shall  be  held.  And  I  declare  that  from  and 


388 


HOW  TO  BE  YOUR  OWN  LAWYER. 


after  the  decease  or  second  marriage  of  my  said  wife  (whichever  shall 
first  happen),  the  said  dwelling-house,  furniture,  and  household  effect* 
shall  sink  into  and  form  part  of  my  residuary  estate. 

9.— Bequest  of  the  Good-mil  of  a  Business. 

I  give  and  bequeath  the  good-will  and  benefit  of  the  business  of 
which  I  am  now  carrying  on  at  and  also  all  my  capital  and  prop 
erty  which  shall  be  employed  therein  at  my  decease,  and  also  the  lease¬ 
hold  premises  situate  and  being  No.  at  aforesaid,  wherein  the 

said  business  is  now  being  carried  on,  for  all  my  term  and  interest 
therein,  unto  my  son  absolutely. 

10— Legacies  to  Children,  with  Directions  for  Investment. 

I  bequeath  to  each  of  my  children,  C.  D.,  E.  F.,  and  G.  H.,  the  sum 
of  dollars,  with  interest  at  the  rate  of  per  cent,  per  annum, 
from  my  death  till  the  payment  thereof,  such  interest  to  be  paid  half- 
yearly.  And  I  hereby  declare,  that  if  my  said  daughter,  G.  H.,  shall 
be  under  twenty-one  years  at  my  death,  and  shall  not  have  married,  the 
legacy  hereby  given  to  her  shall  be  retained  by  my  trustees  hereinafter 
named,  their  executors  or  administrators,  upon  trust,  to  pay  the  same  to 
her  when  she  shall  attain  twenty-one  years  or  marry  ;  and  upon  trust  in 
the  meantime  to  pay  the  interest  of  such  legacy  to  her,  and  her  receipt, 
notwithstanding  her  infancy,  to  be  an  effectual  discharge  for  the  same  ; 
and  if  the  said  G.  H.  shall  not  attain  twenty-one  years  or  marry,  the 
same  legacy  shall,  upon  her  death,  sink  into  my  residuary  estate. 

It. —Declaration  that  Legacies  Shall  Not  be  in  Satisfaction  of 

Debts. 

I  direct  that  no  legacy  or  gift  contained  in  my  will  shall  (except  where 
a  contrary  intention  is  expressed)  be  taken  to  be  in  satisfaction  of  any 
debt  owing  by  me. 

12. — Declaration  that  Money  Advanced  by  the  Testator  During  his 
Life  to  his  Children  shall  be  Deducted  from  their  Portions  or 
Shares  of  his  Estate. 

I  declare  that  all  such  moneys  as  I  have  or  shall  have  advanced  to  any 
of  my  said  children,  or  as  shah  be  owing  to  me  from  any  of  them  at  my 
decease,  shall  be  considered  as  part  of  my  residuary  estate,  and  shall  be 
deducted  from  his,  her,  or  their  respective  shares. 

13.  —Devise  of  House  and  Lands  to  Son  on  his  attaining  Twenty- 
one,  with  Power  to  Trustee  to  Apply  Rents  and  Profits  of  Estate 
During  Minority  of  Son  for  his  Benefit. 

I  give  and  devise  my  messuage  or  dwelling-house  in  which  I  am  now 
residing,  called  together  with  the  pleasure-grounds,  lands,  gardens. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


389 


outbuildings  and  appurtenances  thereunto  belonging,  or  therewith 
usually  held  or  enjoyed,  and  also  all  that  piece  or  parcel  of  land,  situate 
and  being  in  which  I  lately  purchased  of  and  which  is  now  in 
the  tenure  or  occupation  of  his  under-tenants  or  assigns,  unto 
C.  D.,  of,  etc.,  and  E.  F.,  of,  etc.,  and  their  heirs,  to  the  use  of  my  son 
F.  B.,  his  heirs  and  assigns:  Provided  always,  and  I  hereby  declare 
that  if  the  said  F.  B.  shall  die  under  the  age  of  twenty-one  years,  or  in 
my  life-time,  then  and  in  such  case  the  said  messuage  and  other  the 
premises  hereinbefore  devised,  shall  form  part  of  my  residuary  real  estate 
hereinafter  devised  :  And  I  direct  that  if  the  said  F.  B.  shall  be  under  the 
age  of  twenty-one  years  at  my  decease,  the  said  C.  D.  and  E.  F.,  or  the 
survivor  of  them,  or  the  executors  or  administrators  of  such  survivor  or 
other,  they,  the  trustees  or  trustee  for  the  time  being  of  this  my  will, 
shall  enter  into,  and  during  the  minority  of  the  said  B.  F.  remain  in  the 
possession  or  receipt  of  the  rents  and  profits  of  the  said  messuage  and 
premises  hereinbefore  devised,  and  shall  apply  the  whole  or  such  part  as 
they  or  he  shall  think  fit  of  the  said  rents  and  profits,  for  or  towards  the 
maintenance  and  education  of  the  said  F.  B.,  and  shall  invest  the  surplus 
(if  any)  of  the  said  rents  and  profits,  and  all  the  resulting  income  thereof, 
in  or  upon  some  or  one  of  the  stocks,  funds  or  securities  hereinafter  au¬ 
thorized  as  investments,  with  power  to  vary  the  said  investments  from 
time  to  time  into  or  for  others  of  the  same  or  a  like  nature,  and  with 
power  also  to  resort  to  the  accumulations  of  any  preceding  year  or  years, 
and  to  apply  the  same  for  the  maintenance  and  education  of  my  said 
son  :  And  I  declare  that  the  said  accumulations,  or  so  much  thereof  as 
shall  not  be  applied  as  aforesaid,  shall  be  paid  and  transferred  to  my  said 
son,  as  and  when  he  shall  attain  the  age  of  twenty-one  years,  but  if  he 
shall  die  under  that  age,  then  the  same  shall  sink  into  and  form  part  of 
my  residuary  personal  estate :  And  I  also  declare  that  during  such  mi¬ 
nority  thesaid  trustees  or  trustee  shall  be  at  liberty  to  let  the  said  mes¬ 
suage  and  lands  for  any  term  not  exceeding  seven  years  in  possession,  and 
in  other  respects  to  manage  the  same  as  they  or  he  shall  think  fit. 

14.—  Devise  to  Executors  in  Trust,  with  Power  to  Sell,  etc. 

I  give  and  devise  all  my  real  and  personal  estate,  of  what  nature  or 
kind  soever,  to  C.  D.  and  E.  F.,  my  executors  hereinafter  appointed,  in 
trust,  for  the  execution  of  my  will,  with  power  to  sell  and  dispose  of  the 
same,  at  public  or  private  sale,  at  such  times,  and  upon  such  terms,  and 
in  such  manner,  as  to  them  shall  seem  meet  [provided,  however,  that  no 
part  of  my  real  estate  shall  be  sold  until  after  the  expiration  of  years 
iiom  my  decease.] 

15.— Power  to  Arrange  and  Compromise. 

And  I  appoint  the  said  E.  F.  and  G.  H.  executors  of  this  my  will  •  and 
authorize  the  acting  executors  or  executor  for  the  time  being  of  this  my 
will,  to  satisfy  any  debts  claimed  to  be  owing  to  me  or  my  estate,  and  any 
liabilities  to  which  I  or  my  estate  may  be  alleged  to  be  subject,  upon  an y 


390 


HOW  TO  BE  YOUR  OWN  LAWYER. 


evidence  they  or  he  shall  think  proper,  and  to  accept  any  composition  ot 
security  for  any  debt,  and  to  allow  such  time  for  payment  (either  with 
or  without  taking  security)  as  to  the  said  acting  executors  or  executor 
shall  seem  fit,  and  also  to  compromise,  or  submit  to  arbitration,  and  settle 
all  accounts  and  matters  belonging  or  relating  to  my  estate,  and  generally 
to  act  in  regard  thereto,  as  they  or  he  shall  deem  expedient,  without  being 
responsible  for  any  loss  thereby  occasioned. 


16.— Directions  fo  Executors  as  to  Winding  Up  Testator’s  Partner¬ 
ship  Business. 

And  with  respect  to  my  share  and  interest  in  the  business  of  now 
carried  on  by  me  at  in  partnership  with  [names],  under  the  firm  of 
and  Co.,  I  empower  the  executors  or  executor  for  the  time  being  of 
this  my  will,  to  adjust  and  settle  all  accounts  and  transactions  relating  to 
the  said  partnership  business,  and  to  wind  up  the  affairs  and  concerns 
thereof  and  ascertain  the  amount  of  my  share  and  interest  therein,  either 
according  to  the  provisions  of  the  articles  of  partnership  under  which  the 
said  business  shall  be  carried  on  at  my  decease,  or  upon  such  other  terms 
and  in  such  other  manner  as  may  be  agreed  on  between  them  or  him  and 
my  surviving  partners  or  partner,  with  power  for  the  said  executors  or 
executor  to  refer  to  arbitration,  or  otherwise  to  compromise  or  settle  any 
question  that  may  arise  in  or  about  the  winding  up  of  the  said  concern, 
in  such  manner  as  they  or  he  may  think  fit,  and  generally  to  do  and  exe¬ 
cute  all  such  acts  and  things  in  relation  to  the  premises  as  may  appear 
to  them  or  him  necessary  or  expedient,  without  being  answerable  for  any 
loss  which  may  arise  thereby  :  And  I  authorize  the  said  executors  or  ex¬ 
ecutor,  if  they  or  he  shall  in  their  or  his  discretion  think  fit,  to  permit 
the  whole  or  any  part  of  the  amount  which  on  taking  the  accounts  of  the 
said  partnership  shall  appear  to  be  due  to  my  estate,  as  and  for  my  share 
and  interest  in  the  said  business,  to  remain  in  the  said  business  as  a  loan 
for  any  period  not  exceeding  seven  years  from  my  decease,  but  so  that 
the  repayment  thereof,  with  interest  after  the  rate  of  per  cent,  per 
annum,  shall  be  secured  by  the  joint  and  several  bond  of  the  persons  or 
person  for  the  time  being,  continuing  to  carry  on  the  said  business  either 
with  or  without  any  other  security  for  the  same,  as  the  said  executors  or 
executor  shall  think  fit :  And  subject  to  the  provisions  hereinbefore  con¬ 
tained  as  to  the  said  business,  I  empower  my  trustees  or  trustee  to  post¬ 
pone  the  sale  and  conversion  of  my  real  and  personal  estate  for  so  long 
as  they  or  he  shall  think  fit. 

17.— Clause  Concerning  Disputes. 

My  express  will  is,  and  I  hereby  order  and  appoint,  that  if  any  differ¬ 
ence  shall  arise  or  happen,  concerning  any  gift,  bequest  or  other  thing  in 
this  will,  no  suit  shall  be  brought  concerning  the  same,  but  the  same  shall 
be  referred  wholly  to  the  award  of  my  friends  C.  D.  and  E.  F.,  both  of 
and  what  they  shall  order,  direct  or  determine  therein,  shall  be  bind 
ing  and  conclusive  on  all  persons  concerned. 


HOW  TO  BE  YOUE  OWN  LAWYER. 


391 


18.— Clause  Releasing  Debts  Due. 

Whereas  there  are  considerable  sums  of  money  due  and  owing  to  me 
upon  bonds,  bills  and  otherwise,  from  my  relations  hereinbefore  named, 
which  I  desire  to  release,  I  do  hereby  direct  that  all  such  evidences  of  debt 
shall  be  cancelled  and  destroyed  by  my  executors  immediately  after  my 
death ;  and  I  hereby  discharge  my  relations  hereinbefore  named,  and  their 
heirs,  executors  and  administrators,  from  the  payment  of  any  debts  due 
and  owing  to  me  or  my  estate,  upon  any  account  whatsoever,  without 
any  abatement  of  the  legacies  hereinbefore  given  to  them  respectively. 


DICTIONARY  OP  LAW  TERMS 


Abandonment. — The  relinquishment  or  surrender  of  rights  oi 
property  by  one  person  to  another.  The  act  of  a  husband  or  wife 
who  leaves  his  or  her  consort  wilfully  and  with  an  intention  of  caus¬ 
ing  perpetual  separation.  The  act  by  which  a  debtor  surrenders  hia 
property  for  the  benefit  of  his  creditors.  In  insurance  by  “  aban¬ 
donment  ”  is  meant  the  transferring  of  the  property  of  the  insured, 
or  what  is  left  of  it,  to  the  insurers. 

Abate. — A  reduction  made  by  the  creditor  for  the  prompt  payment 
of  a  debt  due  by  the  payer  or  debtor.  The  unlawful  entry  upon  and 
keeping  possession  of  an  estate  by  a  stranger  after  the  death  of  the 
ancestor  and  before  the  heir  or  devisee  takes  possession.  The  reduc¬ 
tion  of  a  legacy  on  account  of  the  insufficiency  of  the  estate  of  the 
testator  to  pay  his  debts  and  legacies.  The  removal  of  a  nuisance. 

Abduction. — Forcibly  taking  away  a  man’s  wife,  or  his  child. 

Abet.  — To  encourage  or  set  another  on  to  commit  a  crime. 

Abscond. — To  go  in  a  clandestine  manner  out  of  the  jurisdiction  of 
the  court,  or  to  secrete  one’s  self  in  order  to  avoid  the  service  of  a 
legal  process. 

Acceptance. — The  receipt  of  a  thing  offered  by  another  with  an 
intention  to  retain  it,  indicated  by  some  act  sufficient  for  the  pur¬ 
pose.  An  assent  and  engagement  to  pay  a  bill  of  exchange  when 
due. 

Accessary. — One  who  is  not  the  chief  actor  in  the  perpetration  of 
the  offence  nor  present  at  the  performance,  but  is  in  some  way  con¬ 
cerned  therein,  either  before  or  after  the  fact  committed.  An  acces¬ 
sary  before  the  fact  is  one  who  being  absent  at  the  time  of  the  crime 
committed,  yet  procures,  counsels,  or  commands  another  to  commit 
it.  An  accessary  after  the  fact  is  one  who  knowing  a  felony  to  havo 
been  committed,  receives,  relieves,  comfo  -ts,  or  assists  the  felon. 

17*  (393) 


394 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Accession.— The  right  to  all  which  one's  own  property  produces, 
whether  that  property  be  movable  or  unmovable,  and  the  right  td 
that  which  is  united  to  it  either  naturally  or  artificially. 

Accommodation  paper.— Promissory  notes  or  bills  of  ex¬ 
change,  made,  accepted,  or  indorsed,  without  any  consideration 
therefor. 

Accord. — A  satisfaction  agreed  upon  between  the  party  injuring  and 
the  party  injured,  which,  when  performed,  is  a  bar  to  all  actions 
upon  this  account. 

Accretion. — The  increase  of  real  estate  by  the  addition  of  portions 
of  soil  by  gradual  deposition  through  the  operation  of  natural  causes 
to  that  already  in  possession  of  the  owner. 

Accrue. — To  grow ;  to  be  added  to  as  the  interest  or  profit  added  to 
the  principal. 

Acknowledgment. — The  act  of  one  who  has  executed  a  deed  in 
going  before  some  competent  officer  or  court  and  declaring  it  to  be 
his  act  or  deed. 

Action. — A  formal  demand  of  one's  right  from  another  person  or 
party  made  and  insisted  on  in  a  court  of  justice. 

Ad  litem.— For  the  suit. 

Adjournment. — The  dismissal  by  some  court,  legislative  assem¬ 
bly,  or  properly  authorized  officer  of  the  business  before  them,  either 
finally  or  to  meet  again  at  another  time  appointed. 

Administrator. — A  person  authorized  to  manage  and  distribute 
the  estate  of  an  intestate,  or  of  a  testator  who  has  no  executor. 

Administrator  d©  son  tort.— An  administrator  in  his  own 
wrong. 

Ad  m  i  raity. — A  court  having  a  very  extensive  jurisdiction  of  marine 
causes,  civil  and  criminal. 

Adultery. — The  voluntary  sexual  intercourse  of  a  married  person 
with  a  person  other  than  the  offender’s  husband  or  wife. 

Advancement. — A  gift  by  anticipation  from  a  parent  to  a  child 
of  the  whole  or  a  part  of  what  it  is  supposed  such  child  would  in 
herit  on  the  death  of  the  parent. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


395 


Adverse  possession.— The  enjoyment  of  land,  or  such  estate 
as  lies  in  grant  under  such  circumstances  as  indicate  that  such  en 
joyment  has  been  commenced  and  continued  under  an  assertion  01 
color  of  right  on  the  part  of  the  possessor. 

Affidavit. — A  statement  or  declaration  reduced  to  writing  and  sworn 
or  affirmed  to  before  some  officer  who  has  authority  to  administer 
an  oath. 

Affinity. — The  connection  existing,  in  consequence  of  marriage,  be¬ 
tween  each  of  fhe  married  persons  and  the  kindred  of  the  other.  It 
is  distinguished  from  consanguinity,  which  denotes  relationship  by 
blood. 

Affirm. — To  make  affirmation  ;  to  make  a  solemn  promise,  before  an 
authorized  magistrate  or  tribunal,  by  persons  who  conscientiously 
decline  taking  an  oath  ;  which  declaration  is  in  law  equivalent  to  an 
oath. 

A  fortiori. — By  the  weightier  reason. 

Agency. — A  relation  between  two  or  more  persons  by  which  one 
party,  usually  called  the  agent  or  attorney,  is  authorized  to  do  cer 
tain  acts  for  or  in  relation  to  the  rights  or  property  of  the  other,  who 
is  denominated  the  principal. 

Agent. — One  who  undertakes  to  transact  some  business  or  to  manage 
some  affair  for  another  by  the  authority  and  on  account  of  the  latter, 
and  to  render  an  account  of  it. 

Alias. — A  second  or  further  writ ;  another  name  ;  an  assumed  name. 

Alibi  . — Presence  in  another  place  than  that  described.  Being  in  an¬ 
other  place  at  the  time  of  the  commission  of  the  crime. 

Al  jen. — A  foreigner  ;  one  of  foreign  birth  and  unnaturalized. 

Alimony. — The  allowance  which  a  husband,  by  order  of  court,  pays 
to  his  wife  living  separate  from  him  for  her  maintenance. 

Allegiance. — The  tie  which  binds  the  citizen  to  the  government  in 
return  for  the  protection  which  the  government  affords  him. 

Ambiguity. — Duplicity,  indistinctness,  or  uncertainty  of  meaning 
of  an  expression  used  in  a  written  instrument. 

A  mensa  et  thoro. — From  bed  and  board  ;  a  limited  divorce. 


396 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Analogy. — The  similitude  of  relations  which  exist  between  thing! 
compared 

Ancestor. — One  who  has  preceded  another  in  a  direct  line  of 
descent. 

Ancillary. — Auxiliary,  subordinate;  used  of  an  administration 
taken  out  in  the  place  where  assets  are  situated,  which  is  subordinate 
to  the  principal  administration. 

An  i m US. — The  intention  with  which  an  act  is  done. 

Annuity. — a  yearly  sum  stipulated  to  be  paid  another  in  fee,  or  for 
life,  or  years,  and  chargeable  only  on  the  person  of  the  grantor. 

Anonymous. “Without  name. 

Ante-nuptial. — Before  marriage;  with  a  view  to  entering  into 
marriage. 

A  priori. — From  the  former. 

Appeal. — The  removal  of  a  cause  from  a  court  of  inferior  to  one  of 
superior  jurisdiction  for  the  purpose  of  obtaining  a  review  and  ro- 
trial. 

Appraisement. “A  just  valuation  of  property 

Appraiser. — a  person  appointed  by  competent  authority  to  ap¬ 
praise  or  value  goods  or  real  estate. 

Apprentice. — A  person  bound  in  due  form  of  law  to  a  master  to 
learn  from  him  his  art,  trade,  or  business,  and  to  serve  him  duriug 
the  term  of  his  apprenticeship. 

Appurtenances. — Things  belonging  to  another  thing  as  princi¬ 
pal,  and  which  pass  as  incident  to  the  principal  thing. 

Arraign. — To  call  a  prisoner  to  the  bar  of  the  court  to  answer  the 
matter  charged  in  the  indictment. 

Arrears. — The  remainder  of  an  account,  or  sum  of  money  in  the 
hands  of  an  accountant.  Any  money  due  and  unpaid  at  a  given 
time. 

Arrest. — To  deprive  a  person  of  his  liberty  by  legal  authority. 

Arrest  of  J  udgment.-' The  staying  or  stopping  of  a  judgment 
after  verdict  for  legal  cause.  The  motion  for  this  purpose  is  called 
a  motion  in  arrest  of  judgment. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


397 


Arson. — The  malicious  burning  of  a  dwelling-house  of  another  per 
son,  which  by  the  common  law  is  felony  ;  the  malicious  and  volun 
tary  firing  of  buildings  and  ships. 

Articles. — The  distinct  portions  of  a  document  in  writing  ;  as  Arti- 
cles  of  Agreement,  an  account  consisting  of  many  articles. 

Assault. — An  attempt  or  offer  to  beat  another,  accompanied  by  a 
degree  of  violence,  but  without  touching  his  person,  as  by  lifting  the 
fist,  or  a  cane  in  a  violent  manner,  or  by  striking  at  him  and  missing 
him.  If  the  blow  aimed  takes  effect  it  is  a  battery. 

Assign. — To  transfer,  or  make  over  to  another.  To  transfer  to,  and 
vest  in,  certain  persons  called  assignees,  for  the  benefit  of  creditors. 

Assumpsit. — He  undertook  (promised). 

Assurance — Any  writte  n  or  other  legal  evidence  of  the  convey¬ 
ance  of  property.  Equivalent  to  insurance. 

Attachment. — A  seizure  or  taking  by  virtue  of  a  legal  process; 
taking  the  person  by  virtue  of  a  legal  writ,  and  so  far  differing  from 
an  arrest,  inasmuch  as  it  lays  hold  of  the  goods  as  well  as  the  person  ; 
and  also  from  a  distress,  which  seizes  only  on  lands,  tenements,  and 
goods  ;  whereas  an  attachment  takes  both  the  goods  and  body.  At¬ 
tachments  are  issued  at  common  law  against  persons  for  contempt  of 
court.  In  some  States  a  writ  of  attachment  is  a  species  of  mesne  pro¬ 
cess  upon  which  the  property  of  a  defendant  may  be  seized  at  the 
commencement  of  a  suit  and  before  summons  to  him,  and  may  be 
held  to  satisfy  the  judgment  the  plaintiff  may  recover.  In  other 
States  this  writ  can  issue  only  against  absconding  debtors  and  those 
who  conceal  themselves. 

Attorney. — One  put  in  the  place  or  stead  of  another  to  manage  his 
affairs.  Attorney  in  fact :  A  person  to  whom  the  authority  of  an¬ 
other  who  is  called  the  constituent,  to  transact  any  business  for  him 
out  of  court.  Attorney  at-law :  An  officer  in  a  court  of  justice  who 
is  employed  by  a  party  in  a  cause  to  manage  the  same  for  him. 

Attorney-General. — An  officer  in  the  State  empowered  to  act  in 
all  cases  in  which  the  State  is  a  party. 

Auction. — A  public  sale  of  property  to  the  highest  bidder. 

A  vinculo  matrimonii.— From  the  bonds  of  matrimony. 


398 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Award. — The  judgment  or  decision  of  arbitrators  or  referees  on  a 
matter  submitted  to  them. 

Bail  . — To  set  free,  on  giving  security  for  appearance  at  a  certain  day 
and  place. 

Bailment. — A  delivery  of  something  of  a  personal  nature  by  one 
party  to  another  to  be  held  according  to  the  purpose  or  object  of  the 
delivery,  and  to  be  returned  or  delivered  over  when  that  purpose  is 
accomplished. 

Bail-piece* — A  slip  of  parchment,  or  paper,  containing  a  recogni. 
zance  of  bail  above,  or  Bail  to  (he  Action. 

Ban krtl pt. — A  trader,  who  breaks  or  fails,  or  becomes  unable  to  pay 
his  debts  in  the  ordinary  course  of  trade ;  an  insolvent  trader.  In 
strictness  no  person  but  a  trader  can  be  a  bankrupt.  Bankruptcy  is 
applied  to  merchants  and  traders,  insolvency  to  other  persons. 

Bankrupt  Law. — A  law  which  upon  a  bankrupt’s  surrendering 
all  his  property  to  commissioners  for  the  benefit  of  his  creditors,  dis¬ 
charges  him  from  the  payment  of  his  debts,  and  all  liability  to  arrest 
or  suit  for  the  same,  and  secures  his  future  acquired  property  from 
a  liability  to  the  payment  of  his  past  debts. 

Bans  of  Matrimony. — Notice  of  a  marriage  proposed,  or  of  a 
matrimonial  contract,  proclaimed  in  a  church,  or  other  place  pre. 
scribed  by  law,  that  any  person  may  object,  if  he  knows  of  any  kin¬ 
dred  between  the  parties,  of  any  pre-contract,  or  other  just  cause 
why  the  marriage  should  not  take  place. 

Bar. — 1.  The  whole  body  of  lawyers  licensed  in  a  court ;  the  legal  pro¬ 
fession.  2.  A  special  plea,  constituting  a  sufficient  answer  to  the 
plaintiff’s  action.  3.  The  railing  that  incloses  the  place  which  coun¬ 
sel  occupy  in  courts  of  justice.  Hence  the  phrase,  at  the  Bar  of  the 
Court,  signifies  in  open  court.  4.  The  place  in  court  where  prisoners 
a~e  stationed  for  arraignment,  trial,  or  sentence.  5.  A  bar  to  an 
action  is  a  perpetual  and  sufficient  obstacle. 

B  a  rga  in  and  S  a  I  e. — A  species  of  conveyance,  by  which  the  bar¬ 
gainer  contracts  to  convey  the  lands  to  the  bargainee,  and  becomes 
by  such  contract  a  trustee  for  and  seized  to  the  use  of  the  bargainee 

Barrister. — a  counsellor  learned  in  the  laws,  qualified  and  admitted 
to  plead  at  the  bar.  Anciently  barristers  were  called  in  England  Ap* 


HOW  TO  BE  YOUR  OWN  LAWYER. 


399 


•prentice*  of  the  Law .  Outer  barristers  are  pleaders  without  the  bar, 
to  distinguish  them  from  inner  barristers,  who  are  admitted  to  plead 
within  the  bar. 

Barter. — A  contract  by  which  parties  exchange  goods  for  goods. 

Basta  rd  • — a  natural  child.  One  who  is  born  out  of  wedlock. 

B  attery . — The  unlawful  beating  of  another.  It  includes  every  angry 
and  violent  touching  of  another’s  person  or  clothes,  or  anything  at* 
tached  to  his  person  or  held  by  him.  Spitting  in  one’s  face  may  be 
a  battery.  It  is  distinguished  from  an  assault,  inasmuch  as  the  lat¬ 
ter  does  not  necessarily  imply  a  hitting  or  a  blow.  There  may  be  an 
.assault  without  battery,  but  there  can  not  be  a  battery  without  an 
assault. 

Bequeath. — To  give  by  testament,  said  of  personal  property.  Be 
queath  is  properly  applied  to  a  gift  by  will  or  legacy,  i.  e.,  of  per 
sonal  property  ;  the  gift  is  called  a  legacy,  and  he  who  receives  it  is 
called  a  legatee.  In  popular  usage  the  word  bequeath  is  sometimes 
enlarged  so  as  to  embrace  devise  ;  and  it  is  sometimes  so  construed 
by  courts. 

Bigamy. — The  offence  of  contracting  a  second  marriage  during  the 
life  of  the  first  husband  or  wife.  The  state  of  a  man  who  has  two 
wives,  or  a  woman  who  has  two  husbands  living  at  the  same  time. 

Bill  .—A  declaration  in  writing,  to  an  equity  court,  expressing  some 
wrong  the  complainant  has  suffered  from  the  defendant,  or  a  fault 
committed  by  some  person  against  the  law.  It  contains  the  fact 
complained  of,  the  damage  sustained,  and  a  petition  or  process 
against  the  defendant  for  redress. 

Bill  of  Costs. — A  statement  of  the  items  which  form  the  total 
amount  of  the  costs  of  a  party  to  a  suit  or  action. 

Bill  Of  Credit.— Among  merchants  it  is  a  letter  sent  by  an  agent 
or  other  person  to  a  merchant  desiring  him  to  give  credit  to  the  bearer 
for  goods  or  money. 

Bill  Of  Entry. — A  written  account  of  goods  entered  at  the  Custom 
House,  whether  imported  or  intended  for  exportation. 

Bill  Of  Exchange. — A  WTitten  order  or  request  from  one  person 
to  another,  desiring  the  latter  to  pay  to  some  person  designated  a 
certain  sum  of  money  therein  named. 


400 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Bill  of  Lading. — a  written  account  of  goods  shipped  by  any  per¬ 
son  on  board  of  a  vessel,  who  acknowledges  the  receipt  of  the  goods, 
and  promises  to  deliver  them  safe  at  the  place  directed,  damages  ol 
the  sea  excepted. 

Bill  of  Sale. — A  formal  instrument  for  the  conveyance  or  transfer 
of  goods  and  chattels. 

Bill  of  Sight.— A  form  of  entry  at  the  Custom  House,  by  which 
goods,  respecting  which  the  importer  is  not  possessed  of  full  informa¬ 
tion,  may  be  provisionally  landed  for  examination. 

Bill  of  Store.— A  license  granted  at  the  Custom  House  to  mer¬ 
chants,  to  carry  such  stores  and  provisions  as  are  necessary  for  a 
voyage,  custom  free. 

Blasphemy. — In  law,  any  false  statement  or  language  calculated  to 
deceive. 

Blockade. — In  International  law,  the  right  to  blockade  the  ports  of 
an  enemy  in  war,  and  to  exclude  neutral  vessels. 

Bona  Fide. — Ib  good  faith,  honest. 

Bond. — A  writing  under  seal  by  which  a  person  binds  himself,  his 
heirs,  executors,  and  administrators,  to  pay  a  certain  sum,  or  per¬ 
form  some  act  on  or  before  a  day  appointed.  If  the  condition  of 
the  obligation  is  not  performed,  the  bond  becomes  forfeited,  and  the 
obligator  and  his  heirs  are  liable  to  the  payment  of  the  whole  sum. 

Bonus. — A  premium  paid  to  a  grantor  or  seller. 

Bottomry. — A  contract  by  which  the  owner  of  a  ship,  or  the  master 
as  his  agent,  binds  the  ship  as  security  for  the  payment  of  money 
advanced  for  the  use  of  the  ship.  If  the  ship  is  lost,  the  lender  loses 
the  money ;  but  if  the  ship  arrives  safe  he  is  to  receive  the  money 
lent,  with  the  interest  or  premium  stipulated.  The  tackle  of  the 
ship,  also,  is  answerable  for  the  debt,  as  well  as  the  person  of  the 
borrower.  The  name  is  derived  from  bottom,  a  term  by  which  the 
ship  itself  is  designated.  The  interest  is  usually  very  high,  to  cover 
the  risk. 

Bounty. — A  premium  offered  to  induce  men  to  enlist  into  the  public 
service. 

Breach. — A  breaking,  or  infraction,  as  of  a  law,  or  any  obligation 
non-fulfilment  of  a  contract ;  a  breach  of  promise  of  marriage. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


401 


Burglar. — One  guilty  of  the  crime  of  burglary. 

Burglary  „ — The  breaking  and  entering  the  dwelling-house  of  anothei 
in  the  night-time,  with  intent  to  commit  a  felony  therein,  whethei 
the  felonious  purpose  be,  accomplished  or  not.  In  American  law, 
the  crime  includes  offences  committed  by  day  as  well  as  by  night, 
and  in  other  buildings  than  dwelling-houses  ;  there  are  various  de¬ 
grees  of  the  crime  in  several  of  the  States. 

By-Law.— A  private  law  made  by  a  corporation  for  its  own  govern¬ 
ment  ;  a  law  aside  from  the  general  or  public  law. 

Capias. — “You  may  take”;  a  writ  or  process  commanding  the  officer 
to  take  the  body  of  the  person  named  in  it ;  also  called  Writ  of  Capias. 

Causa  Mortis. — On  account  of  death. 

Caveat. — Let  Mm  beware.  A  notice  given  to  an  officer  not  to  do  a 
certain  act  until  the  party  is  heard  in  opposition.  In  patent  laws,  a 
description  of  some  invention,  designed  to  be  patented,  lodged  in 
the  office  before  the  patent  right  is  taken  out,  operating  as  a  bar  re¬ 
specting  the  same  invention  from  any  other  quarter. 

Certiorari. — A  writ  directing  the  proceedings  or  record  of  a  cause 
to  be  brought  before  a  superior  court. 

Chancellor. — A  judicial  officer ;  the  president,  or  chief  judge  of  a 
Court  of  Chancery. 

Charter. — A  written  evidence  in  due  form  of  things  done  between 
man  and  man  ;  a  deed  or  conveyance. 

Charter-party. — A  contract  in  writing  respecting  the  hire  of  the 
whole  or  part  of  a  vessel,  made  between  the  owner  and  freighter  on 
a  determined  voyage,  and  under  certain  specified  conditions. 

Chattel, — Every  kind  of  property  except  the  freehold,  or  the  things 
which  are  a  parcel  of  it ;  it  is  a  more  extensive  term  than  goods  or 
effects.  Chattels  are  personal  or  real. 

Check. — An  order  for  money,  drawn  on  a  banker  or  bank,  payable 
on  sight. 

Chose  in  action. — A  personal  right  to  a  thing  not  reduced  to 
possession,  but  recoverable  by  suit  at  law  ;  as  a  right  to  recover 
money  due  on  a  contract,  or  damages  for  a  test,  which  can  not  be 
enforced  against  a  reluctant  party  without  suit. 


402 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Chose  in  possession. — A  thing  in  possession,  as  distinguishea 
from  a  thing  in  action. 

Civil  death. — In  law,  that  which  cuts  off  a  man  from  civil  society 
or  its  rights  and  benefits,  as  banishments,  outlawry,  etc. 

Civil  law. — In  a  general  sense,  the  law  of  a  State,  city,  or  country. 

Clearance. — A  certificate  that  a  vessel  has  been  cleared  at  the  Cus¬ 
tom  House  ;  permission  to  sail. 

Code. — An  orderly  collection  or  digest  of  laws. 

Cod  ici  i . — A  supplement  to  a  will,  which  in  some  way  modifies  a  for¬ 
mer  will  without  repealing  it. 

Goliision. — The  act  of  striking  together ;  as  two  vessels  running 
against  each  other. 

Collusion. — A  compact  between  two  persons  to  bring  an  action  one 
against  the  other  for  some  fraudulent  or  unlawful  purpose. 

Commission. — The  warrant,  or  letters  patent,  by  which  one  is 
authorized  to  exercise  jurisdiction. 

Common  carrier. — One  who  undertakes  for  hire  to  transport 
goods  from  one  place  to  another.  Such  carrier  is  liable  for  all  losses 
and  injuries  to  the  goods,  except  those  which  have  happened  in  con¬ 
sequence  of  the  act  of  God,  or  of  public  enemies,  or  of  the  owner 
of  the  property  himself. 

Common  law. — The  unwritten  law,  the  law  which  receives  its 
binding  force  from  immemorial  usage  and  universal  reception,  in 
distinction  from  the  written  or  statute  law. 

Competency. — Legal  capacity  or  qualifications;  fitness;  as  the 
competence  of  a  witness.  Competence  of  a  judge  or  court  to  exam¬ 
ine  and  decide. 

Compos  Mentis.— “Of  sound  mind.”  '» 

Compounding  a  felony. — To  accept  a  consideration  for  for¬ 
bearing  to  prosecute. 

Condonation  • — Forgiveness  either  expressed  or  implied,  by  a  hus¬ 
band  or  wife,  for  a  breach  of  marital  duty,  with  an  implied  condi 
tion  that  the  offence  shall  not  be  repeated. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


403 


Confidential  communication.— One  made  by  a  client  to 
his  counsel,  solicitor,  or  attorney,  in  professional  confidence,  and 
which  he  is  not  permitted  to  divulge. 

Confiscate. — To  appropriate  property  as  a  penalty  to  the  public 
use. 

Consanguinity. — Kindred  by  blood  and  birth  between  persons 
descended  from  the  same  stock  or  common  ancestry. 

Consideration. — The  material  cause  of  a  bargain  without  which 
it  is  not  binding  on  either  party.  Considerations  may  be  either  ex¬ 
pressed  or  implied.  A  valuable  consideration  is  one  made  in  money 
or  its  equivalent. 

Consignee. — The  person  to  whom  goods  or  other  things  are 
shipped  for  sale  or  superintendence. 

Consignment. — The  sending  or  delivering  over  of  goods  to  an¬ 
other  person  for  sale.  The  writing  by  which  anything  is  consigned. 

Constable. — An  officer  of  the  peace  having  power  as  a  conservator 
of  the  public  peace,  and  bound  to  execute  the  warrants  of  judicial 
officers. 

Constituent. — A  person  who  appoints  another  to  act  for  him  as 
an  attorney  in  fact. 

Constitution. — The  principles  or  fundamental  laws  which  govern 
a  State  or  other  organized  body  of  men. 

Contempt. — In  law,  disobedience  of  the  rules,  orders,  or  process  of 
a  court  of  justice,  or  of  the  rules  of  a  legislative  body. 

Contest. — To  defend,  as  a  suit  or  other  judicial  proceedings ;  to  dis¬ 
pute,  as  a  claim,  by  course  of  law  ;  to  litigate. 

Contingent.— Dependent  for  effect  on  something  that  may  or  may 
not  occur ;  as,  a  contingent  estate  ;  contingent  use. 

Continuance. — The  postponement  of  the  proceedings  in  a  cause 
from  one  stated  term  of  a  court  to  another. 

Contract. — 1.  An  agreement  between  two  or  more  persons,  with  a 
consideration  or  cause  involving  legal  rights  and  liabilities.  2.  A 
formal  writing  which  contains  the  agreement  of  parties,  with  the 
terms  and  conditions,  and  which  serves  as  a  proof  of  the  obliga¬ 
tion. 


404 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Contribution.— Two  or  more  persons  being  jointly  liable  for  » 
debt,  and  one  should  pay  more  than  his  share,  he  may  demand  that 
the  others  contribute  their  shares  respectively. 

Contumacy. —Wilful contempt  of,  and  disobedience  to,  the  lawful 
summons  or  orders  of  a  court, 

Convey  a  nee.— An  instrument  in  writing  by  which  property,  or 
the  title  to  property,  is  conveyed  or  transmitted  from  one  person  to 
another. 

Conveyancer. — One  whose  business  it  is  to  draw  and  prepare  the 
necessary  paper  for  conveying  property. 

Convict. — A  person  found  guilty,  after  trial,  of  a  crime  alleged 
against  him. 

Coparcenary. — Partnership  in  inheritance;  joint  heirship;  joint 
right  of  succession  to  an  estate  of  inheritance. 

Copartners  Hi  p. — The  state  of  being  a  copartner  ;  or  joint  interest 
or  concern  in  any  matter  or  business. 

Copyhold. — English  Law,  a  tenure  of  estate  by  copy  of  court  roll  ; 
or  a  tenure  for  which  the  tenant  has  nothing  to  show,  except  the 
rolls  made  by  the  steward  of  the  Lords’  Court. 

Copyright. — The  legal  right  which  an  author  has  in  his  own  original 
production ;  the  exclusive  right  to  print,  publish,  and  sell  his  own 
literary,  scientific,  or  artistic  productions,  for  his  own  benefit,  during 
a  certain  period. 

Counsel. — One  wh0  gives  advice  in  legal  matters ;  also,  collectively 
the  legal  advocates  united  in  the  management  of  a  case. 

Court.— 1.  The  hall,  chamber,  or  place  where  justice  is  administered. 
2,  The  persons  officially  assembled  under  authority  of  law  for  the 
administration  of  justice.  8.  A  judge  or  judges  sitting  for  the  hear 
ing  or  trial  of  causes.  4.  The  session  of  a  judicial  assembly. 

Covenant. — A  mutual  agreement  of  two  or  more  persons  or  par 
ties,  in  writing  and  under  seal,  to  do  or  to  refrain  from  some  act  or 
thing  ;  a  contract. 

Cove  rt. — ■ Married. 

Crime.— Any  violation  of  law,  either  divine  or  human;  an  omission 


HOW  TO  BE  YOUR  OWN  LAWYER. 


405 


of  duty  which  is  commanded  or  the  commission  of  an  act  which 
is  forbidden  by  law. 

Grim.  Con. — Criminal  conversation  ;  illicit  connection. 

Cross-examination. — The  examination  of  a  witness  by  the 
party  opposed  to  the  party  who  called  him  and  who  examined  or  was 
entitled  to  examine  him  in  chief. 

Culprit. — A  person  who  is  guilty  or  supposed  to  be  guilty  of  & 
crime. 

Custom. — Such  a  usage  as  by  common  consent  and  uniform  prac¬ 
tice  has  become  the  law  of  the  place. 

Damages. — The  indemnity  recoverable  by  a  person  who  has  sus¬ 
tained  injury  either  in  person,  property,  or  relative  rights  through  tho 
act  or  default  of  another. 

Days  Of  Grace. — Certain  days  allowed  to  the  acceptor  of  a  bill  or 
the  maker  of  a  note  in  which  to  make  payment,  in  addition  to  the 
time  contracted  for  by  the  bill  or  note  itself. 

De  bene  esse. — A  phrase  applied  to  certain  acts  deemed  for  the 
time  to  be  well  done,  or  until  an  exception  or  other  avoidance. 

De  facto. — Actually  ;  in  fact.  A  term  used  to  denote  a  thing  actual¬ 
ly  done. 

Debt.— A  sum  of  money  due  by  a  certain  and  express  agreement. 
All  that  is  due  a  person  in  any  form  of  obligation  or  promise.  Any 
claim  for  money. 

Decree. — The  judgment  or  sentence  of  a  court  of  equity. 

Deed. — A  written  instrument  under  seal  containing  a  contract  or 
agreement,  which  has  been  delivered  by  the  party  to  be  bound  and 
accepted  by  the  obligee. 

Default. — The  non-performance  of  a  duty,  whether  arising  under  a 
contract  or  otherwise. 

Defeasance. — An  instrument  which  defeats  the  force  or  operation 
of  some  other  deed  or  estate. 

Defect. — The  want  of  something  required  by  law. 

Defence. — A  forcible  resistance  of  an  attack  by  force.  The  denial 
of  the  truth  or  validity  of  a  complaint. 


406 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Defendant-— A  party  sued  in  a  personal  action. 

S5e  jll  re. — From  the  law ;  by  the  law. 

Demand. — A  claim  or  legal  obligation.  A  requisition  or  request  tc 
do  a  particular  thing  specified  under  a  claim  of  right  on  the  part  oi 
the  person  requesting. 

Demise. — A  conveyance,  either  in  fee,  for  life,  or  for  years. 

Demurrer. — An  allegation  that,  admitting  the  facts  of  the  preced¬ 
ing  pleading  to  be  true  as  stated  by  the  party  making  it,  he  has 
yet  shown  no  cause  why  the  party  demurring  should  be  compelled 
by  the  court  to  proceed  further. 

De  nOVO. — Anew;  afresh. 

Deponent. — One  who  gives  a  deposition  under  oath;  who  gives 
written  testimony  to  be  used  as  evidence  in  a  court  of  justice ; 
affiant. 

Deposition, — Testimony  taken  down  in  writing  before  some  com¬ 
petent  authority,  and  in  reply  to  interrogatories  and  cross-interroga¬ 
tories. 

Derelict. — A  thing  voluntarily  abandoned  or  utterly  forsaken  by  its 
proper  owner.  A  tract  of  land  left  dry  by  the  sea,  and  fit  for  culti¬ 
vation. 

Dernier  resort. — The  last  resort. 

Descent. — Hereditary  succession  to  an  estate.  The  ordinary  suc¬ 
cession  from  parents. 

Detainer. — Keeping  possession  of  that  which  belongs  to  another. 
In  English  law,  a  writ  for  detaining  any  one  in  custody,  when  once 
arrested. 

Detinet. — He  detains  ;  he  keeps. 

Devastavit.— He  wasted. 

Deviation. — The  voluntary  departure  of  a  ship,  without  necessity, 
from  the  regular  course  of  the  voyage  insured,  thus  releasing  the 
insurers  from  their  responsibilities. 

D  i  sa  b  I  e . — To  deprive  of  legal  right  or  qualification  ;  to  render  legally 
incapable. 


HOW  TO  BE  YOUR  OWN  LAWYER.  407 

Disbar. — To  expel  from  the  bar,  or  not  permitted  to  further  practice 
in  a  court. 

Disclaimer. — 1.  A  denial  or  disavowal  of  a  claim,  title,  interest,  oi 
trust  of  an  interest  or  estate.  2.  A  plea  containing  an  express  denial 
to  the  statements  of  a  plaintiff  or  other  person  in  any  action  at  law. 

Dispossession. — Deprivation  of  possession  of  property,  by  some 
process  of  law,  and  an  order  from  the  court. 

Disseizee. — A  person  disseized,  or  put  out  of  possession  of  an  estate 

unlawfully. 

Dissolve. — To  annul ;  to  rescind ;  as,  to  dissolve  an  injunction. 

Distress. — The  act  of  distraining;  taking  possession  of  personal 
chattels,  without  process  of  law,  from  one  who  does  not  pay  rent ; 
that  which  is  taken  by  distraining  to  procure  satisfaction. 

Divorce. — A  dissolution  of  the  marriage  contract  by  a  court  or  other 
body  having  competent  authority.  This  is  properly  a  Divorce,  and 
called  technically,  Divorce  a  vinculo  matrimonii — from  the  bans  of 
matrimony.  The  separation  of  a  married  woman  from  the  bed  and 
board  of  her  husband — a  mensa  et  thoro — from  board  and  bed. 

Domain r — 1.  Ownership  of  land;  2.  Absolute  proprietorship;  8.  An 
estate  or  patrimony  which  one  has  in  his  own  right.  Public  Domain , 
the  territory  belonging  to  a  State  or  to  the  general  government ; 
public  lands.  Bight  of  Eminent  Domain ,  that  superior  domain  of 
the  sovereign  power  over  all  the  property  within  the  State,  including 
that  previously  granted  by  itself. 

Domicile. — A  permanent  home  and  principal  establishment  where 
one  always  returns  after  absence. 

Dominant  Estate. — The  tenement  or  estate  to  which  a  servitude 
or  easement  is  due  from  another  estate,  the  estate  over  which  the 
servitude  extends  being  called  the  Servient  Estate. 

Dormant  Partner. — A  partner  who  takes  no  share  in  the  active 
business  of  a  company  or  partnership,  but  is  entitled  to  a  share  of 
the  profits,  and  subject  to  a  share  in  losses ; — called  also  Silent 
Partner. 

Dower. — 1.  The  property  with  which  a  woman  is  endowed;  especi 
ally  that  which  a  woman  brings  to  a  husband  in  marriage.  2.  Thai 


408 


HOW  TO  BE  YOUR  OWN  LAWYER. 


portion  of  the  real  estate  of  a  man  which  his  widow  enjoys  during 
her  life,  or  to  which  a  woman  is  entitled  after  the  death  of  her 
husband. 

Due-bil9. — A  brief  written  acknowledgment  of  a  debt;  not  made 
payable  to  order,  and  not  transferable  by  endorsement,  like  a  prom¬ 
issory  note. 

Duress. — The  state  of  compulsion  in  which  a  person  is  induced  by 
the  unlawful  restraint  of  his  liberty,  or  threatened  violence,  to  make 
a  deed  or  contract,  or  to  discharge  one,  or  to  commit  an  offence. 

Earnest. — Money  advanced  as  a  pledge  to  bind  the  parties  to  the 
performance  of  a  bargain  and  prove  the  sale. 

Easement.— A  liberty,  privilege,  or  advantage  without  profit, 
which  one  proprietor  has  in  the  estate  of  another  proprietor,  distinct 
from  the  ownership  of  the  soil,  as,  a  way  through  his  lands,  water¬ 
course,  etc.  It  is  a  species  of  Servitude . 

Embezzlement. — The  fraudulent  appropriation  of  anything  that 
has  been  entrusted  to  one’s  care  and  management.  It  differs  from 
theft  so  far  that  the  latter  implies  a  wrongful  taking  of  another  per. 
son’s  property ;  whereas  embezzlement  denotes  the  wrongful  use  of 
what  came  into  his  possession  by  right. 

Emblement. — The  right  of  the  produce  or  fruits  of  land  sown  or 
planted ;  the  growing  crops  of  those  vegetable  productions  of  the 
soil,  such  as  grain,  roots,  etc. 

Embrace.— To  attempt  to  influence  corruptly,  as  a  jury. 

Eminent  Domain.— (See Domain.) 

Enact. — To  decree ;  to  establish  by  legal  authoritative  act ;  to  make 
into  a  law,  or  establish  by  law. 

E  n  ce  i  n  te , — Pregnant,  with  child. 

Encumbrance.— Every  right  to,  or  interest  in,  an  estate  to  the 
diminution  of  its  value,  but  not  impending  the  passing  of  the  fee  by 
a  conveyance,  as  a  mortgage,  a  lien  for  taxes,  a  judgment,  etc. 

Entail. — An  estate  entailed,  or  limited  in  descent  to  a  particular  heii 
and  heirs.  The  rule  by  which  the  descent  is  fixed  or  settled. 

Enter. — 1.  To  go  into  or  upon  lands,  and  take  actual  possession  ol 


HOW  TO  BE  YOUR  OWN  LAWYER. 


409 


them.  2.  To  place  in  regular  form  before  the  court,  usually  in 
writing  ;  to  put  upon  its  records,  as,  to  Enter  a  writ,  appearance,  or 
rule. 

Equity. — An  equitable  claim.  A  system  of  jurisprudence  adminis¬ 
tered  in  Courts  of  Equity,  supplemental  to  law,  the  object  of  which 
is  to  supply  the  deficiencies  of  the  courts  of  law,  and  render  the  ad¬ 
ministration  of  justice  more  complete,  by  affording  relief  where  the 
courts  of  law  are  incompetent  to  give  it,  whereby  certain  classes  of 
rights  become  excluded  from  the  benefit  of  their  protection. 

Equity  Of  Redemption. — The  advantage  allowed  to  a  mort¬ 
gagor  of  a  certain  time  to  redeem  lands  mortgaged,  after  they  have 
been  forfeited  at  law  by  the  non-payment  of  the  sum  of  money  due 
to  the  mortgagee  at  the  appointed  time. 

Error. — A  mistake  in  the  proceedings  of  a  court  of  record  in  matters 
of  law  or  of  fact. 

Error,  Writ  Of. — An  original  writ,  which  lies  after  judgment  in  an 
action  at  law,  in  a  court  of  record,  to  correct  some  alleged  error  in 
the  proceedings. 

Escheat. — The  falling  or  reverting  of  real  property  to  the  State,  as 
original  and  ultimate  proprietor,  by  reason  of  a  failure  of  persons 
legally  entitled  to  hold  the  same. 

Escrow. — A  deed  or  bond  delivered  to  a  third  person,  to  hold  till 
some  act  is  done  or  some  condition  is  performed,  and  which  is  not 
to  take  effect  till  the  condition  is  performed. 

Estate. — The  interest  which  any  one  has  in  lands,  tenements,  or  other 
effects;  as  an  estate  for  life,  for  years,  at  will,  etc. 

Estoppel. — The  stopping  one’s  setting  up  a  fact  or  denying  one, 
where  his  previous  conduct  has  implied  the  contrary. 

Eviction. — Dispossessing  a  person  of  lands  or  tenements  by  due  pro 
cess  of  law. 

Evidence. — That  which  is  legally  submitted  to  a  competent  tribu 
nal,  as  a  means  of  ascertaining  the  truth  of  any  alleged  matter  oi 
fact  under  investigation  before  it. 

Exception. — An  objection  taken  in  the  course  of  a  trial,  or  as  to  the 
decision  of  a  judge  in  the  course  of  a  trial,  or  in  his  charge  to  a 
jury. 


18 


410 


now  TO  BE  YOUR  OWN  LAWYER. 


Excise. — The  taxes  or  duties  levied  on  commodities  consumed  at 
home;  distinct  from  customs,  which  are  duties  levied  on  imports 
and  exports. 

Execution. — A  judicial  process  for  obtaining  possession  of  anything 
recovered  by  judgment  of  law ;  execution  of  a  will  or  deed. 

Executor,  Executrix. — One  appointed  by  a  person's  last  will  to 
manage  his  estate  and  execute  his  will. 

Exemption. — Free  from  that  which  binds  others  in  respect  to  duty, 
taxes  ;  exempt  from  service  on  jury,  military  service,  etc. 

Ex  Officio. — Officially  ;  by  virtue  of  the  office. 

Ex  parte. — A  statement  is  called  Ex  parte  where  only  one  of  the  par¬ 
ties  gives  an  account  of  a  transaction  in  which  two  or  more  are  con¬ 
cerned. 

Ex  post  facto. — Something  done  after  another  thing  committed 
before,  or  where  a  law  is  made  to  meet  a  particular  offence  commit¬ 
ted  previously. 

Extempore. — Off-hand ;  without  delay  or  premeditation. 

Extortion. — The  unlawful  taking  by  a  public  officer,  under  pretence 
of  his  office,  of  any  money  or  other  gift,  when  none  is  legally  due, 
or  where  less  is  due  than  the  sum  demanded.  It  is  an  offence  pun¬ 
ishable  at  common  law. 

Extradition. — An  International  law,  the  delivering  up  of  a  party 
charged  with  crime,  a  fugitive  from  justice,  to  the  foreign  govern¬ 
ment  to  which  he  belongs. 

Fac-Simile.—Do  the  same  ;  a  close  imitation. 

Falsifying. — Proving  a  thing  to  be  false;  as,  falsifying  records; 
giving  false  testimony,  false  judgment,  etc. 

False  Imprisonment. —The  deprivation  of  a  man's  liberty  in 
an  unlawful  manner. 

F ee. — An  estate  of  inheritance,  or  the  interest  which  a  man  has  in  land 
or  some  other  immovable. 

Fee-simple. — When  the  estate  is  free  and  unconditional.  An 
estate  of  inheritance. 


HOW  TO  BE  YOUR  OWN  LAWYER.  411 

F00.tail.-~ When  the  estate  is  limited  to  certain  heirs  according  tc 
the  will  of  the  first  donor. 

Felo  de  se, — A  self-murderer ;  a  suicide. 

Felony. — A  heinous  crime;  including,  generally,  all  capital  crimes 
below  treason,  and  understood  to  comprise  every  species  of  crime 
which  occasioned,  at  common  law,  the  forfeiture  of  lands  and  goods. 
The  term  includes  murder,  manslaughter,  Felo  de  se,  burglary,  rob 
bery,  larceny,  forgery,  arson,  and  rape. 

Feme  Covert. — A  married  woman  under  covert  or  protection  of 
her  husband  and  not  liable  to  action. 

Feme  Sole. — A  single  or  unmarried  woman. 

Fem  e  S O I O  Me  rc h  a  n t . — A  married  woman,  but  who  carries  on 
trade  apart  from  her  husband. 

Feoffment. — a  gift  or  grant  of  any  manors  or  tenements  to  an¬ 
other,  in  fee-simple,  for  him  and  his  heirs  forever.  In  every  Feoff¬ 
ment,  the  giver  or  grantor  is  called  the  Feoffer,  and  he  who  receives 
it,  the  Feoffee. 

Fiat  „ — Let  it  be  done.  A  short  order  or  warrant  of  some  judge  for 
making  out  and  allowing  certain  processes. 

Fiction. — In  law,  a  supposition  that  a  thing  is  true,  so  that  it  may 
have  the  effect  of  truth  as  far  as  is  consistent  with  equity. 

Fiduciary. — One  who  holds  property  or  other  goods  in  trust  for 
another  ;  a  trustee. 

Fieri  Facias. — That  you  cause  to  be  made  ;  a  writ  of  execution. 

Finding. — The  result  of  a  judicial  examination  or  inquiry,  especial¬ 
ly  into  some  matter  of  fact ;  that  which  is  found  by  a  jury ;  a 
verdict. 

Fine. — 1.  A  penalty  for  an  offence  committed.  2.  A  formal  convey¬ 
ance  of  lands  by  acknowledging  a  perfect  acquiescence  before  a 
judge  ;  a  sum  of  money  paid  for  the  tenure  of  lands  and  tenements. 

Flaw. — Any  error  or  omission  in  indictments,  or  declarations,  which 
invalidates  the  proceedings  :  as  a  flaw  in  a  will,  in  a  deed,  or  in  a 
statute. 


412 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Force. — Strength  or  power  exercised  without  law,  or  contrary  to  law 
upon  persons  or  things  ;  violence. 

Forcible  Entry  and  Detainer.— The  entering  upon  and  tak¬ 
ing  and  withholding  of  land  and  tenements  by  actual  force  and 
violence,  and  with  a  strong  hand,  to  the  hindrance  of  the  person 
having  the  right  to  enter. 

Foreclosure. — The  act  or  process  of  foreclosing,  or  depriving  a 
mortgagor  of  the  right  of  redeeming  a  mortgaged  estate,  or,  as  it  is 
said,  cutting  him  off  from  his  equity  of  redemption. 

Foreign  Bill. — A  bill  drawn  in  one  country  or  State,  and  payable 
in  another,  as  distinguished  from  an  inland  bill,  which  is  one  drawn 
and  payable  in  the  same  country.  The  different  States  of  the  Union 
are  foreign  to  each  other  for  this  purpose. 

Forfeiture. — The  losing  of  some  right ;  expulsion  ;  the  punishment 
of  an  illegal  act,  according  to  which  the  owner  of  property  is  de¬ 
prived  of  all  interest  therein,  and  the  property  delivered  to  the  in¬ 
jured  party  by  way  of  recompense. 

Forgery. — The  fraudulent  making  or  alteration  of  any  record,  deed, 
or  writing,  to  the  prejudice  of  another  man’s  right,  particularly 
counterfeiting  the  signature  of  another  with  intent  to  defraud ;  the 
making  of  a  thing  in  imitation  of  another  thing. 

Forma  Pauperis . — That  is.  In  the  Form  of  a  Pauper.  A  form 
in  which  any  one  may  have  writs  or  subpoenas  free  who  swears  that 
he  is  not  worth  a  certain  small  sum,  and  brings  a  certificate  from 
some  lawyer  that  he  has  just  cause  of  suit.  In  that  case  he  has 
counsel  assigned,  and  is  released  from  costs  of  suit,  etc. 

Forum. — A  court ;  a  place  of  justice. 

Franchise. — A  particular  privilege  conferred  by  grant  from  a 
sovereign  or  a  government,  and  vested  in  individuals  ;  an  immunity 
or  exception  from  ordinary  jurisdiction. 

Fraud. — An  act  or  instrumentality  by  which  unfair  or  unlawful 
advantage  is  sought  to  be  gained  deceitfully.  Using  fraud  in  mak¬ 
ing  contracts  ;  a  fraudulent  bargain. 

Freehold. — Land  and  tenements  held  in  fee-simple,  fee-tail,  or  foi 
life. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


413 


Freeman. — One  who  enjoys  or  is  entitled  to  a  franchise  or  peculiai 
privilege  ;  as,  the  freeman  of  a  city  or  State. 

Fugitive. — One  who  has  fled  or  deserted,  and  taken  refuge  undei 
another  power,  or  one  who  has  fled  from  punishment. 

Fugitive  from  justice. — One  who,  having  committed  a  crime 
in  one  jurisdiction,  flees  or  escapes  into  another  to  avoid  punishment. 

Garnishee. — One  in  whose  hands  the  property  of  another  has  been 
attached,  in  a  suit  against  the  latter  by  a  third  person  ;  and  who  is 
garnished  or  warned  of  the  proceeding,  and  has  notice  of  what  is 
required  of  him  in  reference  to  it. 

Garnishment. — Warning,  or  legal  notice  to  one  to  appear  and 
give  information  to  the  court  on  any  matter. 

Gift. — A  voluntary  transfer  of  real  or  personal  property,  from  one  to 
another,  without  any  consideration.  It  can  be  perfected  only  by 
deed  in  case  of  real  property,  or  by  an  actual  delivery  of  possession 
in  case  of  personal  property. 

Good-will, — The  custom  of  any  trade  or  business ;  the  tendency  or 
inclination  of  persons,  old  customers,  and  others  to  resort  to  an  old 
established  place  of  business;  the  advantage  accruing  from  such  tend¬ 
ency  or  inclination. 

Grant.— A  transfer  of  property  by  deed  or  writing  ;  especially  an  ap¬ 
propriation  or  conveyance  made  by  the  government ;  as,  a  grant  of 
land. 

Guaranty. — 1.  To  undertake  or  engage  that  another  person  shall 
perform  what  he  has  stipulated ;  2.  To  undertake  to  be  answerable 
for  the  debt  or  default  of  another  ;  8.  To  engage  to  answer  for  the 
performance  of  some  promise  or  duty  by  another  in  case  of  a  failure 
by  the  latter  to  perform. 

Habeas  Corpus.  —  Yon  may  have  the  body.  A  writ  having  for 
its  object  to  bring  a  party  before  a  court  or  judge ;  especially,  one 
to  inquire  into  the  cause  of  a  person's  imprisonment  or  detention  by 
another,  with  the  view  to  protect  the  right  of  personal  liberty. 

Habendum. — To  have.  One  of  the  principal  parts  of  a  deed,  so 
called  because  it  begins  with  this  word,  signifying  to  have.  It  fol¬ 
lows  that  part  of  the  deed  called  the  Premises.  Its  oflice  is  to  deter 
mine  the  quantity  of  estate  granted. 


414 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Hearsay  Evidence, — The  testimony  that  a  witness  may  give 
upon  what  he  may  have  heard,  but  of  which  he  has  no  personal 
knowledge. 

Heir  . — One  who  receives,  inherits,  or  is  entitled  to  succeed  to  the  pos¬ 
session  of  any  property  after  the  death  of  its  owner ;  one  in  whom 
the  title  to  an  estate  vests  on  the  death  of  the  proprietor ;  one  on 
whom  the  law  bestows  the  title  or  property  of  another  at  the  death 
of  the  latter  ;  one  who  receives  any  endowment  from  an  ancestor  or 
relation. 

Heir  Apparent.— One  whose  right  to  an  estate  is  indefeasible  if 
he  survives  the  ancestor,  in  distinction  from  Presumptive  Heir 

Heir  at  Law. — One  who  after  his  ancestor's  death  has  a  right  to  in¬ 
herit  all  his  intestate  estate. 

Heir  by  Devise. — One  who  has  no  other  right  or  interest  in  the 
lands  devised  to  him  by  will  than  the  will  of  the  testator  gives  him. 

Heir  Presumptive. — One  who,  if  the  ancestor  should  die  imme¬ 
diately,  would  be  his  heir,  but  whose  right  to  the  inheritance  may  be 
defeated  by  the  birth  of  a  nearer  relative,  or  by  some  other  contin¬ 
gency. 

Heiress. — The  female  heir  to  a  man  having  an  estate  of  inheritance 
in  lands ;  and  where  there  are  several  joint  heirs  they  are  called 
Co-Heirs  or  Co-Heiresses. 

Hereditament. — All  the  property  that  may  be  inherited  or  come 
to  the  heir ;  lands,  tenements,  all  movable  things,  whether  corporeal 
or  incorporeal,  which  a  man  may  have,  to  him  or  his  heirs,  real, 
personal,  or  mixed. 

Highway. — A  public  or  free  street,  road,  or  way  by  land  or  water, 
open  to  all. 

Homicide. — The  killing  of  any  human  being  by  the  act  of  man,  of 
which  there  are  three  kinds :  Justifiable ,  if  caused  by  unavoidable 
necessity  ;  excusable ,  if  it  happened  by  misadventure  ;  and  felonious, 
if  done  without  excuse. 

Homestead. — A  person’s  dwelling-place,  with  that  part  of  his 
landed  property  which  is  about  and  contiguous  to  it. 

Hush  Money, — A  bribe  to  secure  silence  ;  money  paid  to  a  person 
not  to  reveal  information  or  disclose  facts. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


415 


Hypothecate, — To  confer  on  a  creditor  a  right  in  or  to  a  thing,  by 
which  the  creditor  obtains  the  power  to  cause  that  thing  to  be  sold 
for  the  discharge  of  a  debt  or  engagement  out  of  the  proceeds ;  to 
subject,  as  property,  to  liability  for  a  debt  or  engagement  without 
delivery  of  possession ;  to  mortgage,  as  ships  or  other  personal 
property. 

Idiot  . — One  who  has  had  no  understanding  or  intelligence  from  his 
birth,  and  therefore  is  presumed  by  law  never  likely  to  attain  any. 
The  law  declares  that  a  man  is  not  an  idiot  if  he  has  any  glimmer  of 
reason,  so  that  he  can  tell  his  parents,  his  age,  or  such  common 
matters ;  but  a  man  who  is  born  deaf,  dumb,  and  blind  is  looked 
upon  by  the  law  in  tin?  same  light  as  an  idiot. 

Ignoramus, — “We  are  ignorant ” — written  on  a  bill  of  indictment 
by  a  grand  jury,  when  the  evidence  is  not  sufficient  to  put  the  per¬ 
son  on  trial. 

Ignore. — To  throw  out  as  false  or  ungrounded ;  said  of  a  bill  reject¬ 
ed  by  a  grand  jury  for  want  of  evidence. 

Illicit  . — Not  allowed  or  permitted  by  law ;  as  an  illicit  trade ;  an  un¬ 
lawful  and  mischievous  transaction. 

Impanel. — The  writing  down  of  the  names  of  a  jury  ;  to  complete, 
or  enroll,  as  a  list  of  jurors  in  a  court. 

Impeach. — To  charge  with  a  crime  or  misdemeanor ;  to  accuse; 
especially,  to  charge,  as  an  officer,  with  misbehavior  in  office  ;  to  cite 
before  a  tribunal  for  judgment  of  official  misconduct ;  to  impeach  a 
judge,  etc. 

Impeachment. — The  act  of  impeaching.  The  accusation  of  a 
person  for  crimes  and  misdemeanors,  and  impropriety  of  official 
conduct. 

Impose. — To  lay  as  a  charge  ;  obligation,  tax,  duty  ;  to  enjoin  ;  to 
impose  as  a  tribute. 

I  rn  po  rt S .  —Duties  or  taxes  laid  on  goods  imported  into  a  country,  by 
the  government. 

Imprisonment. — The  act  of  imprisoning;  confinement  in  a 
prison  ;  deprived  of  liberty.  False  Imprisonment ,  is  confinement  of 
the  person,  or  restraint  of  liberty,  without  legal  or  sufficient 
authority. 

Improvement. — In  Patent  laws,  the  term  applied  when  an  add! 


416 


HOW  TO  BE  YOUR  OWN  LAWYER. 


tion  of  some  useful  thing  to  a  machine,  manufacture,  or  composi¬ 
tion  of  matter  is  made. 

Incapable. — Unqualified  in  a  legal  sense  ;  not  having  the  constitu¬ 
tional  qualifications. 

Incendiary. — Any  person  who  sets  fire  to  a  building. 

Incident. — Something  appertaining  to,  and  depending  on,  another 
called  the  principal . 

Incompetency* — Want  of  legal  fitness  to  be  heard  or  admitted  as 
a  witness,  or  to  act  as  a  juror,  in  the  trial  of  a  cause. 

Incorporeal. — Existing  only  in  contemplation  of  law;  not  capable 
of  actual  visible  possession.  Incorporeal  Hereditament ,  a  right  issu¬ 
ing  out  of  a  thing  corporeal  (whether  real  or  personal),  or  concerning 
or  exercisable  within  the  law. 

Incumbrance. — a  burden  or  charge  upon  property;  a  legal 
claim  or  lien  upon  an  estate. 

Indemnity. — Exemption  from  damages  or  loss;  security  to  save 
harmless.  Act  of  Indemnity ,  a  law  passed  in  order  to  relieve  per¬ 
sons  from  some  penalty  to  which  they  are  liable  in  consequence  of 
acting  illegally,  in  consequence  of  exceeding  the  limits  of  their  strict 
constitutional  powers. 

Indenture. — An  agreement  or  contract  made  between  two  or  more 
persons  ;  so  called  because  originally  the  papers  or  parchments  were 
indented  or  cut  scallopwise,  so  as  to  correspond  with  another  writing 
containing  the  same  words. 

Ind  icia. — Discriminating  signs  ;  marks  ;  badges  ;  tokens  ;  indications. 

Indictment. — A  written  accusation  and  formal  charge  of  a  crime 
preferred  to  a  court  by  a  grand  jury. 

Indorse. — To  write  one’s  name  upon  the  back  of  a  paper,  for  the 
purpose  of  transferring  it,  or  to  secure  the  payment  of  a  sum  of 
money ;  to  guarantee  the  fulfilment  or  performance  of  an  obligation. 

Inducement. — Any  matter  stated  by  way  of  explanation,  pream¬ 
ble,  or  introduction  to  the  main  allegations  of  a  pleading. 

In  esser—In  being. 

In  extremis. — In  the  last  moments ;  near  death. 

Infamy. — The  loss  of  character,  or  public  disgrace,  which  a  convict 


HOW  TO  BE  TOUR  OWN  LAWYER.  417 

incurs,  and  by  which  a  person  is  at  common  law  rendered  incom 
petent  as  a  witness. 

Infancy. — The  state  or  condition  of  one  under  age  ;  or  under  the  age 
of  twenty-one  years  ;  nonage  ;  minority. 

Infringement. — In  Patent  law,  the  act  of  violating  the  right  of 
another  ;  the  unlawful  interference  with  a  patent  or  copyright. 

I  nherit . — To  take  as  heir  at  the  death  of  the  ancestor  ;  to  receive  as  a 
right  or  title  by  law. 

Inheritance. — A  perpetual  right  to  an  estate  in  a  man  and  his 
heirs  ;  an  estate  which  a  man  has  by  descent  as  heir  to  another ;  an 
estate  derived  in  due  course  of  law. 

Injunction. — A  writ  granted  by  a  court  of  equity,  and,  in  some 
cases,  under  statutes,  by  a  court  of  law,  whereby  a  party  is  required 
to  refrain  from  certain  acts. 

In  propria  persona  —In  his  own  person. 

Inquest. — An  examination  under  authority  of  a  court;  an  inquiry 
into  any  matter,  civil  or  criminal,  by  a  jury.  The  grand  jury  is 
often  called  the  Grand  Inquest. 

|  n  q  U  i  ry . — Seeking  for  information  ;  examination  into  facts.  Writ  of 
Inquiry  is  an  instrument  in  writing  issued  in  certain  actions  at  law, 
where  the  defendant  has  suffered  judgment  to  pass  against  him  by 
default. 

Insolvent, — One  who  can  not  pay  his  debts  ;  a  condition  of  bank¬ 
ruptcy. 

Insolvent  Law. — A  law  affording  relief  to  insolvent  debtors. 

Insurance  or  Assurance.— a  contract  between  parties,  for 
a  stipulated  premium,  to  make  good  any  loss  which  another  may 
sustain  by  fire,  shipwreck,  or  other  cause  specified  in  the  policy  of 
insurance. 

Interdict. — An  order  of  a  court  prohibiting  some  act,  having  the 
like  purpose  and  effect  with  a  Writ  of  Injunction. 

Interlocutory  Order. — An  order  which  does  not  decide  the 
cause  itself,  only  some  intervening  matter  relating  to  it. 

International  Law. — The  law  that  pertains  to  the  friendly  rela^ 
tions  between  nations. 

18* 


418 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Inter  nos. — Between  ourselves. 

Interpleader. — A  proceeding  in  which  a  person  owes  a  debt  to  ona 
of  the  parties  in  suit,  but  till  the  termination  of  it  he  knows  not  to 
which,  and  he  desires  that  they  may  Interplead  or  settle  their  claims 
between  themselves,  that  he  may  be  safe  in  the  payment. 

Interregnum. — a  space  between  two  reigns. 

In  terrorem.— By  way  of  warning. 

In  transitU.—On  the  passage. 

Intervention. — The  act  by  which  a  third  person,  to  protect  his 
own  interest,  interposes  and  becomes  a  party  to  a  suit  pending  be¬ 
tween  other  parties. 

Intestate. — A  person  who  dies  without  making  a  valid  will.  Not 
devised  or  bequeathed. 

Inventory. — a  schedule  of  all  the  goods  and  chattels,  and  sometimes 
of  the  real  estate  of  a  deceased  person. 

Investiture. — The  action  of  investing;  giving  possession.  The 
grant  of  land  or  a  feud  was  perfected  by  the  ceremony  of  corporeal 
investiture,  or  open  delivery  of  possession. 

Invoice. — In  commercial  law,  a  written  account  of  goods  sent  by  a 
merchant  to  a  purchaser,  with  the  value  and  charges  appended. 

IpSO  J U re. — By  the  law  itself. 

Issue. — 1.  The  children  begotten  between  a  man  and  his  wife.  2. 
The  profits  arising  from  lands,  tenements,  fines,  etc. 

Jointure. — a  settlement  of  lands  and  tenements  made  over  by  the 
husband  to  the  wife,  to  be  enjoyed  after  his  decease. 

Judgment. — The  sentence  of  the  court  pronounced  by  the  judge 
on  the  matter  in  the  record  in  cases  of  default,  when  the  defendant 
puts  in  no  plea  ;  or  of  confession,  when  the  defendant  acknowledges 
the  action ;  or  upon  demurrer,  when  the  defendant  pleads  a  bad 
plea  in  bar ;  or  upon  a  non-suit  or  retraxit,  when  the  plaintiff  with¬ 
draws  or  abandons  the  prosecution.  Judgments  are  either  inter¬ 
locutory,  that  is,  given  in  the  middle  of  a  cause  or  some  intermediate 
point ;  or  final,  so  as  to  put  an  end  to  the  action. 

Judicature. — The  power  of  distributing  justice  by  legal  trial  and 


BOW  TO  BE  YOUR  OWN  LAWYER. 


419 


determination.  A  court  of  justice.  Extent  of  jurisdiction  of  a 
judge  or  court. 

Judiciary.—’ That  branch  of  government  in  which  judicial  power  in 
vested. 

Jurisdiction.— The  legal  power  or  authority  invested  in  any  indi¬ 
vidual  or  court,  of  doing  justice  in  the  causes  brought  before  them. 

Jurisprudence. — The  science  of  law ;  a  knowledge  of  the  laws, 
or  skill  in  interpreting  and  applying  them;  also  the  laws  themselves. 

J  U  ry. — A  body  of  men,  selected  according  to  law,  and  sworn  to  in¬ 
quire  into  and  try  any  matter  of  fact,  and  to  declare  the  truth  of  it 
on  the  evidence  presented. 

Jury  of  Inquest. — Commonly  called  a  Coroner’s  Jury.  Sum¬ 
moned  in  cases  of  sudden  or  violent  death,  to  try  into  the  cause. 

J  U  re  ge  n  t  i  U  m . — By  the  law  of  nations. 

Justification. — The  showing  of  a  sufficiently  good  reason  in  a 
court  why  one  has  done  the  thing  for  which  he  is  called  to  answer. 

Laches. — Neglect  to  do  a  thing  at  the  proper  time.  Negligence 
from  which  damages  may  arise. 

Landing  Charges. — Fees  paid  on  goods  unloaded  from  a  ves¬ 
sel. 

Lapsed  Devise  or  Legacy.— A  devise  or  legacy  which  fails 
or  takes  no  effect,  in  consequence  of  the  death  of  the  devisee  before 
that  of  the  testator,  or  for  other  cause. 

Larceny. — The  felonious  and  fraudulent  taking  away  the  personal 
goods  of  another.  Grand  and  Petit  Larceny  are  distinctions  de¬ 
pending  on  the  nature  and  value  of  the  property  taken. 

Lease.— A  letting  of  lands  or  tenements  to  another  for  a  term  of 
years,  or  at  will,  for  a  rent  or  other  compensation. 

Leasehold. — Lands  or  tenements  held  by  virtue  of  a  lease,  or  con¬ 
veyance,  from  the  party  having  a  right  so  to  dispose  of  them. 

Legacy. — A  bequest  or  gift  by  testament  of  any  personal  effects  ;  the 
person  bequeathing  is  called  the  testator ,  and  the  person  to  whom  it 
is  bequeathed  the  legatee. 


420 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Legitimate. — Lawfully  begotten  or  born;  bom  in  wedlock;  as, 
legitimate  heirs  or  children.  In  accordance  with  established  law. 

Letter  Of  Advice. — A  letter  written  by  a  merchant  to  his  corre* 
spondent  advising  or  giving  him  notice  of  what  bills  he  has  drawn 
upon  him. 

Letter  Of  Attorney. — A  writing  whereby  a  person  constitutes 
another  to  do  a  lawful  act  in  his  stead,  as  to  receive  debts,  etc. 

Letter  Of  License. — An  instrument  or  writing  granted  by  a 
person’s  creditors,  allowing  him  a  certain  time  for  the  payment  of 
his  debts,  by  which  means  he  is  enabled  to  prosecute  his  business 
without  legal  molestation. 

Letters  Testamentary.— An  instrument  granted  by  the  proper 
officer  to  an  executor  after  probate  of  a  will,  authorizing  him  to  act 
as  executor. 

Levari  facias. — That  you  cause  to  be  levied  ;  a  writ  of  execution. 

Levy. — The  taking  or  seizure  of  property  on  executions  to  satisfy 
judgments,  or  on  warrants  for  the  collection  of  taxes.  To  com¬ 
mence  and  carry  on  a  suit  for  assuring  the  title  to  lands  or  tene¬ 
ments. 

Lex  talioms. — The  law  of  retaliation  in  kind. 

Libel. — (See  article  Libel  and  Slander.) 

Lien.— A  legal  claim  ;  a  charge  upon  real  or  personal  property  for  the 
satisfaction  of  some  debt  or  duty  ;  the  right  which  a  creditor  has  to 
retain  the  property  of  his  debtor,  until  the  debt  has  been  paid. 

Life  Estates. — Estates  not  of  inheritance,  but  simply  during  the 
life  of  the  possessor. 

Limitation. — a  certain  period  limited  by  statute  after  which  the 
claimant  shall  not  enforce  his  claims  by  suit. 

LOCO  Parentis. — In  the  place  of  the  parent. 

L.  Sm9  LOCUS  Sigilli. — The  place  of  the  seal. 

Lode. — A  metallic  vein,  or  any  regular  vein  or  course. 

Lynch  Law. — The  practice  of  punishing  men  for  crimes  by  pri¬ 
vate,  unauthorized  persons,  without  a  legal  trial.  This  term  is  de¬ 
rived  from  a  Virginia  farmer,  named  Lynch ,  who  thus  took  the 
law  of  punishing  offenders  into  his  own  hands. 


HOW  TO  BK  YOCR  OWN  LAWYER. 


421 


Maihem,  or  Mayhem.— A  corporal  wound  or  hurt,  by  which 
a  man  loses  the  use  of  a  limb  or  member  of  the  body  ;  deprivation  of 
something  essential. 

Mainprise. — The  surrendering  a  person  into  friendly  custody,  upon 
giving  security  that  he  shall  be  forthcoming  at  the  time  and  place 
required. 

Maintenance. — In  Criminal  law,  an  officious  intermeddling  be¬ 
tween  others,  by  assisting  either  party  with  money  or  means  to  pros¬ 
ecute  or  defend. 

Majority. — Being  of  age,  i.  e.,  twenty-one  years  or  more. 

Malfeasance. — The  doing  of  some  illegal  act  which  a  person 
ought  not  to  do. 

Malicious. — With  wicked  or  mischievous  intentions  or  motives. 

Malicious  Abandonment.— The  desertion  of  a  wife  or  bus- 
band  without  just  cause. 

Malicious  Prosecution. — A  wanton  prosecution  or  arrest, 
by  regular  process  in  a  civil  or  criminal  proceeding,  without  prob¬ 
able  cause. 

Malum  in  se. — Bad  in  itself  ;  an  evil  in  its  own  nature. 

Mandamus ■ — 4 ‘  W e  command. ”  A  writ  issued  by  a  superior  court 
and  directed  to  some  inferior  tribunal,  or  to  some  corporation  or  per¬ 
son  exercising  public  authority,  commanding  the  performance  of 
some  specified  duty. 

Manifest. — A  list  or  invoice  of  a  ship’s  cargo,  containing  a  descrip¬ 
tion  by  marks,  numbers,  etc.,  of  each  package  of  goods,  to  be  ex¬ 
hibited  at  the  Custom  House. 

Manslaughter. — The  unlawful  killing  of  a  man  without  malice, 
express  or  implied. 

Mayor. — The  chief  executive  magistrate  of  a  city. 

Mesne  Process. — An  intermediate  prooess,  issuing  pending  the 
suit,  upon  some  collateral  matter ;  also,  all  such  processes  as  inter¬ 
vene  between  the  beginning  and  end  of  a  suit. 

Messuage. — A  dwelling-house  with  its  adjoining  land,  appropri 
ated  to  the  use  of  a  household. 


422 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Misdemeanor- — An  offence  less  than  a  felony.  Crimes  and  Mis* 
demeanors  are  synonymous  terms,  though,  in  common  usage,  th* 
word  crime  is  made  to  denote  such  offences  as  are  of  a  more  atro 
cious  kind  ;  while  smaller  faults  and  omissions  of  less  consequence 
are  comprised  under  the  name  of  Misdemeanors. 

Misfeasance. — A  trespass  ;  the  improper  doing  of  an  act  which  a 
person  might  lawfully  do. 

Misprison. — Any  high  offence  under  the  degree  of  capital,  but  ap¬ 
proaching  thereto.  Misprisons  are  negative  and  positive.  Negative 
when  they  consist  in  the  concealment  of  something  which  ought  to 
have  been  revealed ;  and  Positive  when  they  consist  in  the  commis¬ 
sion  of  something  which  ought  not  to  have  been  done. 

Mitigation  of  Punishment. --Remitting  the  severity  of 
sentence. 

Mittimus. — A  writ  for  removing  and  transferring  of  records  from 
one  court  to  another ;  also,  a  precept  in  writing,  under  the  hand  and 
seal  of  a  Justice  of  Peace,  directed  to  the  jailor,  for  the  receiving 
and  safe  keeping  of  an  offender,  until  he  is  delivered  by  law. 

Modus. — The  arrangement  of  expressing  the  terms  of  a  contract  or 
conveyance.  Land,  money,  or  a  yearly  pension  given  to  a  person  as 
a  composition  or  satisfaction  is  lien  of  his  tithes  in  kind. 

Moiety. — One-half,  or  one  of  two  equal  parts  ;  as  a  Moiety  of  an  es¬ 
tate,  of  goods,  or  of  profits. 

Mortgage. — A  conveyance  of  property,  upon  condition,  as  security 
for  the  payment  of  a  debt  or  the  performance  of  a  duty,  and  to  be¬ 
come  void  upon  payment  or  performance;  now  simply  a  lien. 

Motion  in  Law. — An  application  in  court  either  by  the  parties 
themselves  or  their  counsel,  in  order  to  obtain  some  order  or  rule  of 
court. 

Movables. — Property  not  fixed  or  real;  personal  chattels;  goods 
that  may  be  moved  from  place  to  place. 

Murder. — The  act  of  wilfully  and  feloniously  killing  a  human  being 
with  malice  prepense. 

M  Utatis  M utand is.— Changing  what  ought  to  be  changed. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


423 


Mutiny. — A  revolting  from  lawful  authority,  particularly  among 
sailors  and  soldiers  ;  to  rise  against  one's  superior  officer. 

Naturalization. — The  act  of  investing  an  alien  with  the  rights 
and  privileges  of  a  citizen. 

Ne  Exeat.— A  writ  to  restrain  a  person  from  leaving  the  country, 
originally  applicable  to  purposes  of  state,  now  an  ordinary  process 
of  courts  of  equity,  resorted  to  for  the  purpose  of  obtaining  bail  or 
security  to  abide  a  decree. 

Nisi  Prius.—  Unless  before.  Applied  to  terms  of  court ;  held  gener¬ 
ally  by  a  single  judge,  with  a  jury,  for  the  trial  of  jury  causes. 

Nolle  P  roseq  U  i . — An  acknowledgment  or  agreement  by  the  plain¬ 
tiff,  or  prosecuting  attorney,  that  he  will  not  further  the  suit,  as  to 
the  whole  or  part  of  the  cause  of  action. 

Nole  Contend  re. — A  plea,  by  the  defendant,  in  a  criminal 
prosecution,  equivalent  to  that  of  guilty,  for  all  the  purposes  of  that 
prosecution. 

Non  est  factu  m. — The  general  issue  in  an  action  of  debt  on  bond. 

Non  est  inventus. — The  return  of  a  sheriff  on  a  writ,  when  the 
defendant  is  found  in  his  county. 

Nonfeasance.— An  omission  of  what  ought  to  be  done. 

Non  pros.— A  judgment  entered  against  the  plaintiff  in  a  suit 
where  he  does  not  appear  to  prosecute  ;  a  discontinuance  of  further 
proceedings  in  criminal  cases. 

Non  "Suit. — The  name  of  a  judgment  given  against  the  plaintiff 
when  he  is  unable  to  prove  his  case,  or  when  he  refuses  or  neglects 
to  proceed  to  the  trial  of  a  cause  after  it  has  been  put  at  issue  with¬ 
out  determining  such  issue. 

N  Ot a  ry  Public . — A  public  officer  who  attests,  or  certificates,  deeds, 
and  other  writings,  usually  under  his  official  seal,  and  to  make  them 
authentic  in  another  country.  His  duties  chiefly  relate  to  instru¬ 
ments  used  in  commercial  transactions. 

Nudum  pactum. — A  contract  not  binding  in  law  from  want  of 
consideration. 

Nuisance. — Any  annoyance  which  tends  to  the  hurt  or  inconveni* 
ence  of  another. 


424 


HOW  TO  BE  TOUR  OWN  LAWYER. 


Nuncupative  Will.— A  will  or  testament  made  by  word  oi 
mouth  only,  and  depending  on  oral  testimony  for  proof,  though 
afterward  reduced  to  writing. 

Oath  . — An  affirmation  or  denial  of  anything  before  one  or  more  per¬ 
sons  who  have  authority  to  administer  the  same,  for  the  discovery 
and  advancement  of  truth  and  right,  calling  God  to  witness  that  the 
testimony  is  true. 

Oath  cf  Allegiance. — The  oath  which  the  person  takes  when 
about  to  become  a  citizen  of  the  United  States. 

Obligation. — a  bond  containing  a  penalty  on  condition  of  not  per¬ 
forming  certain  covenants  annexed. 

Ordeal. — An  ancient  form  of  trial  to  determine  guilt  or  innocence 
practiced  by  the  rude  nations  of  Europe,  and  still  practiced  in  many 
parts  of  the  East. 

Ordinance. — A  statute  or  law;  a  rule  established  by  authority. 
Usually  applied  to  the  laws  of  a  city. 

Ordinary. — An  officer  who  has  original  authority  and  powers  in  his 
own  jurisdiction.  A  judicial  officer  having  powers  such  as  surrogate 
or  judge  of  probate. 

Original  Writ. — The  beginning  or  foundation  of  a  suit;  and  is  a 
mandatory  order  from  the  court  or  judge. 

Overt  Act. — An  open  act,  capable  of  being  sustained  by  legal  proof. 

Oye rand  Term  i  n e r. — a  commission  directed  to  the  judges  and 
other  gentlemen  of  the  courts  to  which  it  is  issued,  by  virtue  where¬ 
of  they  have  power  to  hear  and  determine  treasons,  felonies,  etc. 

Pains  and  Penalties.— In  English  law,  an  act  of  Parliament  to 
inflict  pains  and  penalties  beyond  or  contrary  to  the  common  law,  in 
the  particular  cases  of  great  public  offenders. 

Panel. — a  roll  containing  the  names  of  the  jurors,  whom  the  court  or 
authorized  officer  returns  to  serve  on  trial. 

Parcenary. — Holding  lands  and  tenements  in  copartnership  by  two 
or  more  persons.  A  joint  tenancy  in  common. 

Parol.— By  word  of  mouth  ;  an  oral  declaration  ;  as  Parol  evidence. 

Parol  Contract. — Any  contract  not  of  record  or  under  seal 
whether  oral  or  written. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


425 


ParticepS  Criminis.-— A  partaker  in  the  guilt  of  another,  nol 
as  a  principal,  hut  an  accessory. 

Partition. — The  division  of  lands,  tenements,  etc.,  among  co-heira 
or  parceners. 

Partnership. — An  association  of  two  or  more  persons  to  carry  on 
some  branch  of  business  in  common  ;  a  firm  or  house.  Silent  Part¬ 
nership ,  one  in  which  capital  only  is  furnished  by  one  or  more  part¬ 
ners,  having  no  action,  direction,  or  co-operation  in  the  business. 
(See  article  Partnership.) 

Passport. — A  license  or  letter  from  one  government  to  another 
granting  liberty  to  a  person  to  pass  through  a  foreign  country. 

Patent. — A  privilege  from  the  government  granted  by  Letters 
Patent,  conveying  to  the  individual  or  individuals  therein  speci¬ 
fied,  the  sole  right  to  make,  use,  or  dispose  of  some  new  invention  or 
discovery,  for  a  certain  specified  time. 

Penal  Code* —A  code  of  laws  concerning  the  punishment  of  crimes. 

Penalty. — A  fine  or  forfeiture  by  way  of  punishment.  The  law  in¬ 
flicts  Penalties ,  sometimes  pecuniary  and  sometimes  personal,  and 
the  non-fulfilment  of  a  bond  or  other  agreement,  subjects  the  party 
to  the  Penalties  therein  expressed. 

Per  capita. — By  the  head.  A  division  equally  among  individuals. 

Peremptory  Challenge.— a  challenge  or  right  of  challeng- 
ing  jurors,  without  showing  cause. 

Perjury. — The  act  of  knowingly  and  wilfully  taking  a  false  oath  in 
a  court  of  justice,  by  a  witness  lawfully  required  to  depose  the  truth 
in  a  matter  of  some  consequence  to  the  point  in  question.  A  false 
oath,  therefore,  taken  before  no  court,  or  before  a  court  incompetent 
to  try  the  issue  in  question,  does  not  constitute  the  offence  of  Per¬ 
jury. 

Per  S  e .  — By  himself  (itself). 

Piracy. — The  act  or  crime  of  robbing  on  the  high-seas  ;  the  taking  ol 
property  from  others  by  open  violence,  with  intent  to  steal,  and 
without  lawful  authority,  on  the  sea. 

Placer. — A  gravelly  place  where  gold  is  found. 


426 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Plaintiff.  — Tlie  person  who  commences  an  action  or  suit  to  obtain  8 
remedy  for  an  injury  to  him  or  to  his  rights. 

Plea  . — That  which  is  alleged  by  a  party  in  support  of  his  cause  ;  the 
defendant’s  answer  to  the  plaintiff’s  declaration. 

Pleadings. — The  mutual  altercations  between  the  plaintiff  and  de¬ 
fendant,  or  written  statements  of  the  parties  in  support  of  their 
claims. 

Pledge. — Personal  property  delivered  to,  or  deposited  with,  another 
as  security  for  a  debt  or  engagement.  Bead  Pledge ,  a  mortgage. 
Living  Pledge,  the  conveyance  of  an  estate  to  another  for  money 
borrowed,  to  be  held  by  him  until  payment  out  of  the  rents  and 
profits. 

Pluries. — Very  often  a  third  writ  after  two  have  issued  against  a 
defendant. 

Police. — That  branch  of  administrative  justice  which  extends  to  the 
prevention  of  crimes,  by  watching  over  public  order,  preventing 
breaches  of  the  peace,  removing  nuisances,  etc.,  of  a  city  or  incorpo¬ 
rated  town. 

Policy  of  Insurance. — The  instrument  by  which  a  contract  of 
indemnity  is  effected  between  the  insurer  and  the  insured  ;  the  writing 
containing  the  terms  or  conditions  of  a  contract  of  insurance  against 
loss  by  fire,  at  sea,  or  on  life. 

Posse  Com  i  tat  US. — The  armed  power  of  the  country,  or  the  at¬ 
tendance  of  all  persons  charged  by  sheriff  to  assist  him  in  the  sup¬ 
pression  of  riots,  etc. 

PoStea. — Afterward ;  the  endorsement  of  the  verdict  upon  the  record. 

Post- SVSortem.— After  the  death. 

Practice. — The  form,  manner,  and  order  of  conducting  and  carry¬ 
ing  on  suits  and  prosecutions  through  their  various  stages,  according 
to  the  principles  of  law,  and  the  rules  laid  down  by  the  courts. 

Precedent. — a  judicial  decision  which  serves  as  a  rule  for  future 
determination  in  similar  or  analogous  cases  ;  an  authority  to  be  fol 
lowed  in  courts  of  justice. 

Precept. — a  command  in  writing,  sent  out  by  a  magistrate  fol 
bringing  a  person  or  a  record  before  him. 


HOW  TO  BE  YOUK  OWN  LAWYER. 


421 


Presentment. — a  declaration  or  report  made  by  a  grand  jury  or 
others,  of  any  offence  to  be  inquired  of  in  the  courts  to  which  it 
is  presented. 

Presumptive  Evidence. — That  which  is  derived  from  cir¬ 
cumstances  which  necessarily  or  usually  attend  a  fact,  as  distinct 
from  direct  evidence  or  positive  proof. 

Presumptive  Heir. — One  who  would  inherit  an  estate  if  the 
ancestor  should  die  with  things  in  their  present  state,  but  whose  right 
of  inheritance  may  be  defeated  by  the  birth  of  a  nearer  heir  before 
the  death  of  the  ancestor. 

Prevarication. — A  pretence  of  undertaking  anything  for  the 
purpose  of  preventing  it  from  being  undertaken  in  reality. 

Prima  Facie  Evidence. — That  evidence  which  is  sufficient  to 
establish  the  fact,  unless  rebutted  or  contradicted. 

Probate. — Official  proof  before  a  competent  officer  that  the  instru¬ 
ment  offered,  purporting  to  be  the  last  will  and  testament  of  a  per¬ 
son  deceased,  is  indeed  his  lawful  act. 

Probate  Court. — A  court  for  the  probate  of  wills. 

Process. — The  whole  course  of  proceedings  in  a  cause,  real  or  per¬ 
sonal,  civil  or  criminal,  from  the  original  writ  to  the  end  of  the  suit. 
Original  Process  is  the  legal  method  of  compelling  the  defendant  to 
appear  in  court.  Mesne  Process  is  that  which  issues,  pending  the 
suit,  upon  some  collateral  or  interlocutory  matter.  Final  Process,  a 
writ  of  execution  in  an  action  of  law. 

Proctor. — An  officer  employed  in  Admiralty  causes,  answering  to 
an  Attorney  at  common  law,  and  to  a  solicitor  in  equity. 

Prohibition. — A  writ  to  forbid  any  court  from  proceeding  with  a 
cause  then  depending,  on  suggestion  that  the  adjudication  thereof 
does  not  properly  belong  to  that  court. 

Pro  ratar — According  to  a  proportion. 

Prosecution. — The  institution  and  carrying  on  of  a  suit  in  a  court 
of  law  or  equity;  to  obtain  some  right,  or  to  redress  or  punish 
some  wrong ;  the  process  of  exhibiting  formal  charges  against  an 
offender  before  a  legal  tribunal,  and  pursuing  him  to  final  judgment 
on  behalf  of  the  State  or  government,  as  by  indictment. 


428 


IIOW  TO  EE  YOUR  OWN  LAWYER. 


Pro  tanto. — For  so  much. 

Protest. — In  Maritime  law,  a  declaration  made  by  the  master  of  a 
vessel,  before  a  notary,  consul,  or  other  authorized  officer,  upon  his 
arrival  in  port  after  a  disaster,  stating  the  particulars  of  it,  and 
showing  that  any  damage  or  loss  sustained  was  not  owing  to  the 
fault  of  the  vessel,  her  officers,  or  crew,  but  to  the  perils  of  the  sea, 
etc.  The  act  of  a  notary  public  on  behalf  of  the  holder  of  a  bill  or 
note,  protesting  against  all  parties  liable  for  any  loss  or  damage  by 
the  non-payment  of  the  bill  or  note.  Also  against  the  proceedings 
of  a  court. 

Proxy. — One  who  acts  or  stands  for  another  in  his  absence. 

Quare  clausum  fregit.— “  Why  he  broke  the  close.”  An 
action  for  damages  to  real  estate. 

Quarantine. — The  period  of  forty  days,  or  less,  during  which  time 
the  crew  and  ship  infected  with  contagious  disease  are  obliged  to  re¬ 
main  in  some  appointed  place,  without  holding  intercourse  with  the 
shore.  The  time  of  quarantine  varies  in  different  countries. 

Quash. — To  abate,  to  annul,  or  to  make  void  ;  as  to  quash  an  indict¬ 
ment. 

Quid  pro  quo. — A  mutual  consideration. 

Quo  a  n  i  rn  O .  —  With  what  intent. 

QUO  Warranto. — A  writ  to  inquire  by  what  authority,  right,  or 
title,  any  person  or  corporation  holds  a  franchise,  exercises  an  office, 
and  the  like. 

Ratification. — The  confirmation  of  an  act,  or  decision.  Giving 
force  to  a  contract.  Confirmation  of  a  treaty. 

Real  Property. — Relating  to  things  fixed,  permanent,  or  immov¬ 
able,  as  to  real  estate,  opposed  to  personal  or  movable  property. 

Real  Action.— An  action  for  the  recovery  of  real  property. 

Real  Assets.— Lands  or  real  estate  in  the  hands  of  the  heir, 
chargeable  with  the  debts  of  the  last  owner. 

Receiver.— One  who  receives  stolen  goods,  knowing  them  to  be 
stolen,  and  incurs  the  guilt  of  participating  in  the  crime.  A  person 
appointed  to  take  charge  of  the  estate  and  effects  of  a  corporation 
and  to  do  other  acts  necessary  to  the  winding  up  of  its  affairs. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


429 


Recognizance.— A  bond  or  obligation  acknowledged  in  a  court 
before  a  judge,  with  a  condition  which  requires  him  to  do  some 
specified  act. 

Recoupment. — Reduction  of  plaintiff's  damages  in  an  action  of 
agreement ;  for  defect  in  performance  on  his  part. 

Reference. — The  act  of  submitting  a  matter  in  dispute  to  the  judg 
ment  of  one  or  more  persons  for  decision.  The  process  of  sending 
any  matter  for  inquiry  to  an  officer  in  order  that  he  may  ascertain 
facts  and  report  to  the  court. 

Remainder.— An  estate  in  lands,  tenements,  etc.,  limited  to  be 
enjoyed  after  the  expiration  of  another  estate. 

Replevin. — An  action  to  recover  possession  of  goods  and  chattels 
which  have  been  wrongfully  taken  or  detained. 

Reprieve. — A  warrant  for  suspending  the  execution  of  a  criminal. 

Rescission. — The  act  of  annulling  a  decree  or  judgment. 

Rescue. — The  violent  taking  away  or  causing  to  escape  one  that  is 
taken  by  lawful  authority. 

Residuary  Clause. — That  part  of  the  testator's  will  in  which  the 
residue  of  his  estate  is  disposed  of. 

Residuary  Devisee. — The  person  to  whom  the  residue  of  real 
estate  is  devised  by  a  will. 

Residuum.— The  remainder. 

Res  integra. — An  entire  matter. 

Respondent.— The  party  who  makes  an  answer  to  a  bill  or  other 
proceeding  in  chancery. 

Retainer. — The  act  of  a  client  by  which  he  engages  an  attorney  or 
counsellor  to  manage  a  cause,  either  by  prosecuting  it  when  he  is 
plaintiff  or  defending  it  when  he  is  defendant.  The  retaining  fee. 

Riot.-A  tumultuous  disturbance  of  the  peace  by  three  persons  or 
more,  assembling  of  their  own  authority,  with  an  intent  mutually 
to  assist  each  other  against  any  one  who  shall  oppose  them  in  the  ex¬ 
ecution  of  some  enterprise  of  a  private  nature,  and  afterward  actu¬ 
ally  executing  the  same  in  a  violent  and  turbulent  manner  to  the 


430 


HOW  TO  BE  YOTJR  OWN  LAWYER. 


terror  of  the  people,  whether  the  act  intended  were  itself  lawful  oi 
unlawful. 

Robbery. — The  felonious  and  forcible  taking  from  the  person  of 
another  goods  or  money  to  any  value  by  violence  or  putting  him  iu 
fear. 

Sale. — An  agreement  by  which  one  of  two  contracting  parties,  called 
the  seller,  gives  a  thing  and  passes  the  title  to  it  in  exchange  for  a 
certain  price  in  current  money  to  the  other  party,  who  is  called  the 
buyer  or  purchaser,  who  on  his  part  agrees  to  pay  such  price. 

Salvage. — A  compensation  given  by  the  maritime  law  for  services 
rendered  in  saving  property  or  rescuing  it  from  impending  peril  on 
the  sea,  or  wrecked  on  the  coast  of  the  sea,  or  in  the  United  States 
on  a  navigable  river  or  lake  where  interstate  or  foreign  commerce  is 
carried  on. 

Scintilla. — A  spark  ;  a  very  small  quantity. 

Scire  facias. — “That  you  make  known.”  A  writ  commanding 
the  defendant  to  show  cause  why  a  specified  thing  should  not  be 
done. 

Scroll  . — A  mark,  intended  to  supply  the  place  of  a  seal,  made  with  a 
pen  or  other  instrument  of  writing. 

Seal  . — An  impression  upon  wax  wafer  or  some  other  tenacious  sub¬ 
stance  capable  of  being  impressed. 

Search  Warrant. — A  warrant  requiring  the  officer  to  whom  it  is 
addressed  to  search  a  house  or  other  place  therein  specified  for  prop¬ 
erty  therein,  alleged  to  have  been  stolen,  and,  if  the  same  shall  be 
found  upon  such  search,  to  bring  the  goods  so  found,  together  with 
the  body  of  the  person  occupying  the  same,  before  the  justice  or 
other  officer  granting  the  warrant,  or  some  other  justice  of  the  peace 
or  other  lawfully  authorized  officer. 

Sedition. — The  raising  commotions  or  disturbances  in  the  State. 

Seisin. — Possession  with  an  intent  on  the  part  of  him  who  holds  it 
to  claim  a  freehold  interest. 

Separation. — a  cessation  of  cohabitation  of  husband  and  wife  by 
mutual  agreement. 

Set-Off. — A  demand  which  a  defendant  makes  against  the  plaintiff 


HOW  TO  BE  YOUR  OWN  LAWYER. 


431 


in  the  suit,  for  the  purpose  of  liquidating  the  whole  or  a  part  of  his 
claim. 

Sine  die. — ‘  ‘  Without  day.  ”  Applied  to  an  adjournment. 

Slander. — Words  spoken  or  written  which  are  injurious  to  the  char¬ 
acter  of  another. 

Solicitor. — A  person  whose  business  is  to  be  employed  in  the  care 
and  management  of  suits  depending  in  courts  of  chancery. 

Special  Dam  ages  . — The  damages  recoverable  for  actual  injury 
incurred  through  the  peculiar  circumstances  of  the  individual  case, 
above  and  beyond  those  presumed  by  law  from  the  general  nature 
of  the  wrong. 

Specification.— A  particular  and  detailed  account  of  a  thing. 

SS  . — Scilicet :  that  is  to  say. 

Status  . — The  condition  of  a  person. 

Statute-— A  law  established  by  the  act  of  the  legislative  power. 

Stoppage  in  Transitu. — a  resumption  by  the  seller  of  the 
possession  of  goods  not  paid  for,  while  on  their  way  to  the  vender, 
and  before  he  has  acquired  actual  possession  of  them. 

Sub-Lease. — a  lease  by  a  tenant  to  another  person  of  a  part  of  the 
premises  held  by  him. 

Subpoena. — A  process  to  cause  a  witness  to  appear  and  give  testi¬ 
mony,  commanding  him  to  lay  aside  all  pretences  and  excuses  and 
appear  before  a  court,  or  magistrate  therein  named,  at  a  time  therein 
mentioned,  to  testify  for  the  party  named,  under  a  penalty  therein 
mentioned. 

Suffrage.— Vote  ;  the  act  of  voting. 

S  U  i  C  i  d  e  . — Self-destruction. 

Suit  B — An  action* 

Summon. — To  notify  the  defendant  that  an  action  has  been  insti¬ 
tuted  against  him,  and  that  he  is  required  to  answer  to  it  at  a  time 
and  place  named. 

8urety. — A  person  who  binds  himself  for  the  payment  of  a  3um  of 
money,  or  for  the  performance  of  something  for  another  who  is  al¬ 
ready  bound  for  the  same. 


432 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Slli  Generis.— “  Of  its  own  kind”;  individual. 

Tenant. — One  who  holds  lands  by  any  right,  particularly  one  who 
occupies  lands  or  tenements  at  a  yearly  rent,  for  life,  a  term  of  years, 
or  at  will. 

Tenure. — The  condition  on  which  lands  and  tenements  are  held. 

Terre  tenant. — A  person  having  the  actual  possession  of  land. 

Testament. — The  solemn  act  whereby  a  man  declares  his  last  will 
as  to  the  disposal  of  his  estate  after  his  death. 

Title.— A  right  which  a  person  has  to  the  possession  of  property. 

Tort. — Any  wrong  or  injury  ;  a  wrongful  act  for  which  an  action  will 
lie. 

Trade-Mark. — A  symbol,  emblem,  or  mark  used  by  a  manufac¬ 
turer  on  his  goods,  the  legal  right  in  which  is  recognized  by  law. 

Trespass. — Any  wrong  done  by  one  man  to  another,  either  to  his 
person  or  his  property. 

Trust. — A  confidence  imposed  by  one  man  in  another,  giving  him 
a  right  to  receive  the  profits  of  lands. 

Trustee.— One  who  has  an  estate  or  money  put  into  his  hands  for  the 
use  of  another. 

Usury. — The  taking  more  interest  for  the  loan  of  money  than  is  al¬ 
lowed  by  law. 

Vagrants. — Beggars,  strolling  and  idle  persons,  who  wander  from 
place  to  place,  without  any  regular  settlement. 

Venue. — The  place  from  which  the  jury  come. 

Verdict. — The  report  or  determination  of  a  jury  upon  any  cause, 
civil  or  criminal. 

Vice  versa. — On  the  contrary. 

Vi  et  arm  is. — By  force  and  arms ;  by  unlawful  means. 

Viva  VOCe.— Verbally. 

Voire  dire. — A  term  applied  to  the  examination  of  a  witness  prc 
vious  to  his  examination  in  chief,  to  ascertain  whether  he  is  in  any 
way  incomnetent  to  give  evidence  in  relation  to  the  matter  on  trial. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


433 


Waiver. — A  relinquishment  or  a  refusal  to  accept  of  a  right. 

Warrant.” A  writ  issued  by  a  justice  of  the  peace  or  other  author¬ 
ized  officer,  directed  to  a  constable  or  other  proper  person,  requiring 
him  to  arrest  a  person  therein  named,  charged  with  committing 
some  offence,  and  to  bring  him  before  that  or  some  other  justice  of 
peace. 

Will  „ — The  disposition  of  one’s  property,  to  take  effect  after  death. 

Witness. — One  who  testifies  under  oath  to  what  he  knows. 

Writ. — A  mandatory  precept  issued  by  the  authority  and  in  the  name 
of  the  Sovereign  or  the  State,  for  the  purpose  of  compelling  the  de¬ 
fendant  to  do  something  therein  mentioned. 


19 


PARLIAMENTARY  PRACTICE . 


RULES  OF  PROCEEDINGS  AND  DEBATES  IN  PUBLIC  MEETINGS. 

The  following  is  the  most  usual  and  convenient  mode  of  organizing  a 
meeting.  The  members  being  assembled  together  in  the  place,  and  at 
the  time  appointed  for  the  meeting,  one  of  them  addresses  himself  to  the 
others,  requesting  them  to  come  to  order,  he  thereupon  requests  the 
members  to  nominate  some  person  to  act  as  chairman  of  the  meeting, 
the  name  or  names  proposed  are  voted  upon  until  a  choice  is  effected. 
The  chairman  then  takes  the  chair,  and  proceeds  in  the  same  manner  to 
complete  the  organization  of  the  meeting  by  the  choice  of  a  secretary, 
and  such  other  officers  as  may  be  deemed  necessary. 

The  presiding  officer  is  usually  denominated  the  president,  though 
sometimes  he  is  called  the  chairman,  and  the  recording  officer  the  secre¬ 
tary.  Sometimes  there  are  one  or  more  vice-presidents. 

Quorum. 

In  order  to  transact  business  it  is  necessary  that  a  certain  number, 
called  a  quorum,  of  members  be  present.  The  number  necessary  to 
constitute  a  quorum  may  be  fixed  by  the  rules  of  the  society  or  meeting, 
but  if  there  is  no  rule  on  the  subject,  the  majority  of  the  members  com¬ 
posing  the  society  constitute  a  quorum.  Until  a  quorum  is  present  no 
business  can  regularly  be  entered  upon.  If  at  any  time  during  the  pro¬ 
ceedings,  it  should  appear  that  no  quorum  is  present,  the  meeting  must 
be  immediately  adjourned. 

The  duties  of  the  presiding  officer  are  the  following  : 

To  open  the  meeting  at  the  time  to  which  it  is  adjourned  by  taking  the 
chair,  and  calling  the  meeting  to  order. 

To  announce  the  business  before  the  meeting  in  the  order  in  which  it  is 
to  be  acted  upon. 

To  receive  and  submit  in  the  proper  order  all  motions  and  propositions 
presented  by  the  members. 

To  put  to  vote  all  questions  which  are  regularly  moved,  or  which 
arise  in  the  course  of  the  proceedings,  and  to  announce  the  result. 

To  preserve  order  during  the  debate. 

To  inform  the  assembly  when  necessary,  or  when  referred  to  for  the 
purpose,  in  a  point  of  order  or  practice. 


(435) 


436 


HOW  TO  BE  YOUR  OWN  LAWYER. 


To  name  the  members  who  are  to  serve  on  committees,  when  directed 
to  do  so  in  any  special  case,  or  when  it  is  his  duty  to  do  so. 

Reading  of  the  Minutes. 

The  presiding  officer  having  taken  the  chair,  and  a  quorum  being  pres¬ 
ent,  the  minutes  are  read.  If  there  be  any  mistakes  in  the  record,  these 
are  amended,  and  then  the  minutes  are  adopted.  The  minutes  being  a 
record  of  facts,  any  error  subsequently  discovered  may  be  amended  at 
any  time.  This  may  be  done  by  unanimous  consent ;  or,  if  objections 
be  made,  then  any  member  who  voted  in  the  affirmative  on  their  adop¬ 
tion,  can  move  a  reconsideration  of  the  motion  to  adopt.  This  last  mo¬ 
tion  prevailing,  the  minutes  are  open  to  amendment ;  and  after  being 
amended,  the  motion  on  their  adoption  as  amended  is  put. 

Presiding  Officer. 

In  the  absence  of  the  president,  or  in  case  he  declines,  the  vice-presi¬ 
dent  takes  the  chair.  If  more  than  one  vice-president,  then  they  take  it 
in  their  numerical  order,  unless  the  association,  by  vote,  designate  a  par¬ 
ticular  one.  If  neither  president  nor  vice-president  be  present,  some 
member  is  called  to  act  temporarily  as  chairman,  on  motion  put  by  the 
mover  thereof. 

Recording  Officer. 

In  the  absence  of  the  secretary,  or,  if  more  than  one,  in  the  absence  of 
all,  a  temporary  secretary  must  be  appointed  on  motion. 

Arrangement  of  Business. 

This,  in  associations,  is  usually  provided  for  in  the  by-laws.  If  not 
otherwise  provided  for,  it  is  as  follows  :  Reading  the  minutes  ;  reports  of 
standing  committees  ;  reports  of  special  committees  ;  special  orders ;  un¬ 
finished  business  ;  new  business.  The  election  of  new  members,  unless 
otherwise  ordered,  is  always  in  order ;  and  the  election  of  officers  ranks 
as  a  special  order ;  but  an  election  of  members  is  not  in  order  while  other 
business  is  pending,  or  while  a  member  has  the  floor. 

Orders. 

There  is  only  one  case  where  a  member  has  a  right  to  insist  on  any¬ 
thing,  and  that  is  where  he  calls  for  the  execution  of  an  existing  order. 
No  debate  nor  delay  can  be  had  on  it ;  but  where  it  is  for  an  order  of  the 


HOW  TO  BE  YOUR  OWN  LAWYER. 


437 


day,  fixing  some  particular  business  to  be  taken  up,  then  tbe  president, 
on  call  of  a  member,  puts  the  question  whether  the  association  will  pro¬ 
ceed  to  the  order  of  the  day.  If  it  is  decided  in  the  negative,  that  is,  in 
effect,  a  reversal  of  the  former  order,  and  the  association  decides  to  pro 
ceed  to  other  business. 

Committees. 

Standing  committees  are  appointed  under  the  constitution  or  by-laws 
of  the  association,  or  by  resolution,  and  sit  permanently,  while  special 
committees  are  usually  appointed  by  resolution  to  attend  to  some  partic¬ 
ular  business,  which  being  done,  they  are  usually  discharged. 

It  is  always  proper  to  place  the  mover  of  a  successful  motion  on  any 
committee  arisin  ;  through  his  resolution,  and  to  name  him  first ;  but  if 
the  committee  is  upon  an  inquiry  into  his  conduct,  or  where  its  delibera¬ 
tion  concerns  himself  personally,  or  his  manifest  interest,  the  rule  is  not 
followed. 

The  first-named  person  acts  as  chairman  of  any  committee.  It  is  true 
that  the  committee  possesses  the  inherent  power  to  choose  its  own  chair¬ 
man  ;  but  custom  prevents  this  power  from  being  used. 

As  near  as  they  will  apply,  the  rules  of  order  of  the  main  body  gov¬ 
ern  the  deliberations  of  committees. 

A  committee  to  whom  a  resolution  or  affirmative  proposition  is  com¬ 
mitted  should  always  have  a  majority  of  members,  if  they  can  be  had, 
favorable  to  such  resolution  or  proposition. 

Unless  otherwise  ordered,  the  chair  appoints  all  committees. 

Standing  committees  require  no  order  to  report.  They  are  always  in 
session,  and  should  report  at  every  meeting,  if  only  to  report  progress. 

When  there  is  a  standing  committee  on  any  subject,  anything  refer¬ 
ring  to  such  subject  should  be  referred  to  that  committee  alone  ;  but  it 
may  be  given  to  a  special  committee,  if  the  association  think  proper. 

A  committee  can  not  sit  while  the  main  body  is  in  session,  unless  so  or¬ 
dered  to  do. 

Sometimes  a  majority  can  not  be  found,  when  the  committee  should 
report  the  fact  of  their  disagreement,  and  ask  leave  to  be  discharged  ; 
they  are  then  to  be  discharged,  and  either  a  new  committee  appointed,  or 
the  subject  to  be  brought  before  a  committee  of  the  whole,  or  before  the 
main  body.  * 

A  majority  of  a  committee  must  concur  in  a  report ;  but  the  minority 
are  never  refused  leave  to  bring  in  a  counter  report. 

Persons  appointed  upon  a  committee  should  join  that  committee  as 


438 


HOW  TO  EE  YOUR  OWN  LAWYER. 


soon  as  they  are  notified  of  their  appointment,  unless  they  are  excused. 
And  it  is  the  duty  of  the  first-named  member  of  the  committee  to  call  hia 
associates  together  as  soon  as  possible. 

Committee  of  the  Whole. 

If  it  be  necessary  to  go  into  committee  of  the  whole  society,  either  for 
a  general  or  specific  purpose,  it  is  done  by  motion,  when  the  chairman 
vacates  the  chair,  and  calls  some  member  to  it  to  act  as  chairman. 

The  same  number  of  members  is  necessary  to  constitute  a  quorum  of  a 
committee  of  the  whole  as  that  of  the  main  body.  If  a  quorum  be  found 
wanting  the  committee  has  to  rise,  the  presiding  officer  takes  his  seat,  and 
the  chairman  of  the  committee  informs  him  of  the  cause  of  the  dissolu¬ 
tion  of  the  committee. 

If  there  be  confusion  or  disturbance  in  committee  of  the  whole,  the 
president  may  take  the  chair,  declare  the  committee  dissolved,  and  reduce 
the  body  to  order.  In  that  case  it  requires  another  motion  for  that  com¬ 
mittee  to  sit  again. 

If  any  communication  be  made  to  the  main  body  while  in  committee 
of  the  whole,  the  committee  can  not  receive  it.  If  its  reception  be  neces¬ 
sary,  the  committee  have  to  rise. 

A  committee  of  the  whole  can  not  adjourn,  but  it  must  rise.  It  can  not 
take  the  previous  question,  nor  take  the  ayes  and  nays. 

If  the  business  before  the  committee  of  the  whole  be  unfinished,  it 
rises  on  motion,  the  presiding  officer  takes  the  chair,  and  the  chairman  of 
the  committee  informs  him  that  the  committee  of  the  whole  have,  accord¬ 
ing  to  order,  considered  the  business  assigned  to  them,  and  have  made 
progress  therein,  but,  not  having  time  to  go  through  the  same,  ask  leave 
to  sit  again.  Leave  is  then  granted  on  motion.  If  the  subject  be  a  spe¬ 
cial  one,  and  it  is  concluded,  the  motion  is  that  the  committee  rise  and 
report  proceedings  ;  then,  when  the  president  takes  the  chair,  the  chair¬ 
man  of  the  committee  reports  that  the  committee  have  gone  through  the 
business  referred  to  them,  and  ask  leave  to  report.  Leave  is  then  given 
to  report  then,  or  at  some  other  time,  either  by  motion,  or,  should  there 
be  no  objection,  on  the  call  of  some  member. 

A  motion  to  rise  and  report  progress  is  in  order  at  any  stage  of  the 
business,  and  is  to  be  decided  without  debate.  When  they  have  reported 
they  may  be  discharged  on  motion,  which  brings  the  matter  laid  before 
them  directly  before  the  association  itself. 

In  comm  ’ttee,  members  may  speak  of tener  than  once  on  the  same  sub- 


HOW  TO  BE  YOUR  OWN  LAWYER. 


439 


Ject,  and  are  not  confined  strictly  to  the  subject-matter.  With  these  and 
the  foregoing  exceptions,  the  same  rules  of  order  govern  the  committee 
of  the  whole  as  govern  the  main  body. 

Commitment. 

Though  the  majority  on  a  committee  should  be  favorable  to  a  measure, 
the  minority  may  be  of  those  who  are  opposed  to  it  in  some  particulars. 
But  those  totally  opposed  to  it  should  never  be  appointed ;  and  if  any 
one  of  that  view  be  named,  he  should  rise  and  state  the  fact,  when  the 
main  body  will  excuse  him  from  serving. 

If  it  be  desired  to  refer  a  resolution,  address,  or  other  matter  to  a  com¬ 
mittee,  it  is  done  on  motion.  If  to  a  special  committee,  the  chair  names 
the  committee.  Any  member  present  may  suggest  one  member  on  that 
committee,  and  if  the  main  body  do  not  object  the  chair  will  name  him, 
since  the  silence  of  members  in  that  case  is  equivalent  to  a  direct  appoint¬ 
ment  of  that  person  by  the  association.  But  such  a  course  is  unusual, 
*md  generally  improper. 

A  committee  meets  when  and  where  it  pleases,  unless  the  time  and 
place  is  fixed  for  it.  But  it  can  not  act  unless  its  members  assemble  to¬ 
gether. 

If  it  be  a  written  matter  before  it,  if  it  originate  with  the  committee, 
the  writing  must  be  considered  paragraph  by  paragraph,  and  the  ques¬ 
tion  put  on  each.  After  each  paragraph  is  approved  or  amended,  it  is 
then  considered  as  a  whole.  If  it  has  been  referred,  the  committee  only 
report  the  amendments  they  recommend  separately ;  as  they  have 
no  right  to  amend  a  paper  belonging  to  the  main  body. 

When  the  committee  is  through,  some  member  moves  that  it  rise,  and 
report  the  matter  to  the  main  body,  with  or  without  amendments,  as  the 
case  may  be. 

Reports  of  Committees. 

The  chairman  of  the  committee,  standing  in  his  place,  informs  the  as¬ 
sociation  that  the  committee  to  which  was  intrusted  such  a  matter,  nam¬ 
ing  it,  have  directed  him  to  report  thereon,  and  moves  that  the  report  be 
received.  The  cry  of  “  Receive  !  ”  or  “  Report !  ”  or  “  Read  it !  ”  from 
any  one,  generally  dispenses  with  the  formality  of  a  question.  He  then 
reads  the  report,  whatever  it  may  be,  and  delivers  the  written  report  to 
the  secretary.  Then  it  lies  on  the  table  until  called  up  by  a  motion. 
The  committee  is  dissolved  and  can  act  no  more  unless  reconstituted  for 
the  purpose  by  a  vote. 


440 


HOW  TO  BE  YOUK  OWN  LAWYER, 


Motions. 

A  motion  is  a  proposition  by  members  drawn  up  in  the  form  which  it 
is  intended  to  bear  ;  consequently,  if  not  seconded,  it  is  not  to  be  enter¬ 
tained.  This  is  different,  however,  in  the  case  of  an  appeal,  where  the 
question  may  be  put  on  the  demand  of  one  member.  A  motion  must  be 
seconded  by  a  member  rising  and  saying  that  he  seconds  the  motion, 
otherwise  no  notice  will  be  taken  of  it  by  the  presiding  officer. 

A  motion  must  be  submitted  in  writing,  if  any  member  desires  it,  and 
read,  when  required  for  information. 

A  motion  for  adjournment  can  not  be  made  while  one  member  is 
speaking  ;  because  it  is  a  breach  of  order  for  one  to  speak  when  another 
has  the  floor,  except  to  a  point  of  order  ;  consequently,  even  a  privileged 
motion  can  not  be  entertained.  And  even  on  a  call  to  order,  decided 
against  him,  he  must  still  be  allowed  to  go  on,  provided  he  does  not 
persist  in  the  same  violation  of  order  in  his  remarks. 

After  a  motion  has  been  moved  and  seconded,- it  can  not  be  withdrawn 
by  the  mover  except  by  special  leave  of  the  meeting. 

Amendments. 

An  amendment  takes  the  place  of  the  question  it  is  proposed  to  amend, 
and  must  be  decided  first.  So  an  amendment  to  an  amendment  must  be 
decided  before  the  first  amendment. 

But  amendments  can  not  be  piled  one  on  the  other ;  that  is,  while  you 
can  amend  an  amendment,  you  can  not  amend  the  second  amendment. 

Nor  can  amendments  be  made  to  certain  privileged  questions.  Thus, 
an  amendment  to  a  motion  to  adjourn,  for  the  previous  question,  a  call 
of  the  house,  or  to  lay  on  the  table. 

But  an  amendment,  though  inconsistent  with  one  previously  adopted, 
is  still  in  order. 

On  an  amendment  being  moved,  a  member  who  has  spoken  to  the 
main  question,  may  speak  to  the  amendment. 

If  it  be  proposed  to  amend  by  leaving  out  certain  words,  it  may  be 
moved  to  amend  the  amendment  by  leaving  out  a  part  of  the  words  of 
the  amendment,  which  is  equivalent  to  letting  those  words  remain. 

When  it  is  proposed  to  amend  by  inserting  a  paragraph,  or  part  of 
one,  the  friends  of  this  should  make  it  perfect  by  amendments  ;  because 
if  it  be  inserted  it  can  not  be  amended,  since  it  has  been  agreed  to  in  that 
form.  So  if  proposed  to  amend  by  striking  out  a  paragraph,  the  friends 
of  the  paragraph  should  also  make  it  as  perfect,  by  amendments,  as  pos- 


HOW  TO  BE  YOUR  OWN  LAWYER. 


441 


sible ;  for  if  the  striking  out  be  negatived,  that  is  equivalent  to  agreeing 
to  it  in  that  form,  and  amendments  are  not  admissible. 

When  it  is  moved  to  amend  by  striking  out  certain  words  and  inserting 
others,  the  manner  of  stating  the  question  is,  first  to  read  the  whole  pas¬ 
sage  to  be  amended,  as  it  stands  at  present ;  then  the  words  proposed  to 
be  struck  out ;  next  those  to  be  inserted  ;  and,  lastly,  the  whole  passage 
as  it  will  be  when  amended.  And  the  question,  if  desired,  is  then  to  be 
divided,  and  put  first  on  striking  out.  If  carried,  it  is  next  on  inserting 
the  words  proposed.  If  that  be  lost,  it  may  be  moved  to  insert  others. 

A  motion  is  made  to  amend  by  striking  out  certain  words  and  insert¬ 
ing  others  in  their  place,  which  is  negatived.  Then  it  is  moved  to  strike 
•>ut  the  same  words,  and  to  insert  others  of  a  tenor  entirely  different  from 
those  first  proposed,  which  is  negatived.  Then  it  is  moved  to  strike  out 
the  same  words  and  insert  nothing,  which  is  agreed  to. 

After  the  paragraph  is  amended,  it  nevertheless  may  be  further 
amended  by  striking  it  entirely  out. 

Privileged  Questions. 

Privileged  questions  are  entitled  to  take  the  place  of  any  other  subject 
or  proposition  which  may  then  be  under  consideration  and  to  be  first 
acted  upon  and  decided.  They  are  privileged  because  they  are  entitled 
to  precedence  over  other  questions.  They  consist  of  motions  to  adjourn, 
motions  or  questions  relating  to  the  rights  and  privileges  of  the  meeting, 
or  of  its  individual  members,  and  motions  for  orders  of  the  day. 

An  order  of  the  day  is  a  question  which  has  previously  been  set  down 
to  be  argued  or  determined  on  that  day,  and  takes  the  place  of  all  ques¬ 
tions  except  adjournment. 

If  the  previous  question  be  first  moved,  it  is  first  put.  This  cuts  off 
all  the  others.  The  society,  having  decided  to  take  the  question,  must 
vote  on  it  as  it  stands — postponement,  commitment,  and  amendment  be¬ 
ing  out  of  order. 

If  amendment  is  first  moved,  the  question  on  that  must  be  deter¬ 
mined  before  the  previous  question. 

If  postponement  be  carried,  of  course  the  question  can  not  be  eithei 
committed,  amended,  nor  the  previous  question  be  carried,  for  the  sub¬ 
ject  is  not  before  the  body. 

If  amendment  and  postponement  are  proposed,  the  latter  is  put  first. 

The  previous  question  can  not  be  put  on  the  motion  to  postpone,  com 
mit,  or  amend  the  main  question. 

19* 


442 


HOW  TO  BE  YOUR  OWN  LAWYER. 


If  a  motion  for  amendment  be  followed  by  one  for  commitment,  th« 
latter  shall  be  put  first. 

The  motion  for  the  previous  question,  or  for  commitment  or  amend¬ 
ment,  can  not  be  postponed. 

A  motion  made  and  seconded  can  not  be  withdrawn  without  leave, 
though,  if  no  member  object,  it  is  not  necessary  to  put  the  question. 

A  motion  made  for  reading  papers  relative  to  the  question  discussed, 
must  be  put  before  the  main  question. 

When  different  sums  or  dates  are  used  in  filling  blanks,  the  question 
shall  first  be  put  on  the  largest  sum  and  the  longest  time. 

A  postponement  can  be  amended  as  to  time,  and  an  amendment  can  be 
amended ;  but  if  it  be  proposed  to  amend  by  inserting  anything,  a  mo¬ 
tion  to  amend  or  perfect  the  matter  proposed  to  be  inserted  must  be  put 
to  a  vote  before  the  question  to  insert.  The  same  rule  follows  in  regard 
to  striking  out. 

Questions  on  leave  to  withdraw  motions,  or  appeals  from  the  decision 
of  the  chair,  have  a  precedence  over  the  main  question. 

A  question  of  privilege,  such  as  a  quarrel  between  members,  or  affect¬ 
ing  the  character  of  members,  or  the  main  body,  must  be  disposed  of  be¬ 
fore  the  original  question  be  disposed  of. 

Previous  Question. 

When  any  question  is  before  the  association,  any  member  may  move 
that  the  main  question  be  put ;  and  this  is  termed  moving  the  previous 
question.  If  the  question  pass  in  the  affirmative,  the  main  question  is 
put  immediately,  and  no  further  debate  is  allowed  upon  the  matter  at 
issue. 

Division  of  the  Question. 

A  question  which  contains  more  parts  than  one  may  be  divided,  on  the 
demand  of  a  member,  provided  the  main  body  concur.  If  the  question 
contain  parts  some  of  which  may  be  approved  and  some  not,  a  division 
may  take  place  on  motion  regularly  made  and  seconded  for  the  purpose. 

When  a  question  is  divided,  after  the  question  has  been  taken  on  the 
first  member  of  it,  the  second  member  is  still  open  to  amendment  and  de¬ 
bate,  unless  the  previous  question  be  taken  upon  it. 

The  Question. 

The  question  is  first  to  be  put  on  the  affirmative,  and  then  on  the 
negative  side. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


443 


After  the  question  has  been  put,  debate  upon  it  is  out  of  order ;  but 
after  the  presiding  officer  has  put  the  affirmative,  any  member  who  has 
not  spoken  before  on  the  question,  may  speak  before  the  negative  be  put, 
for  it  is  not  a  full  question  until  the  negative  be  put. 

But  on  trifling  matters,  such  as  leave  to  bring  in  reports  of  com¬ 
mittees,  withdrawing  motions,  reading  papers,  and  such  like,  the  consent 
of  the  main  body  will  be  supposed  without  the  formality  of  a  question, 
unless  some  one  should  object,  for  the  absence  of  an  objection  in  such 
cases  testifies  to  unanimous  consent. 

Reconsideration. 

A  question  which  has  been  decided  either  affirmatively  or  negatively, 
may  be  reconsidered  upon  the  motion  of  a  member  who  has  voted  with 
the  majority.  This  motion  for  reconsideration  may  be  made  during  the 
meeting  whereat  the  question  was  decided  or  at  a  succeeding  meeting. 
A  motion  to  reconsider  must  be  considered  in  the  same  light  as  any  other 
motion  and  subject  to  the  same  order.  On  the  motion  to  reconsider,  the 
whole  subject  is  as  much  open  for  debate  as  if  it  had  not  been  previously 
discussed.  If  the  motion  to  reconsider  prevails,  the  subject  is  again 
open  for  debate  in  the  same  manner  as  if  the  motion  had  never  been  put 
to  question. 

Appeals. 

An  appeal  may  be  taken  from  the  decision  of  the  presiding  officer 
when  a  question  of  order  is  raised,  and  brings  under  review  and  opens 
to  debate  the  grounds  of  such  decision. 

If  the  decision  of  the  presiding  officer  is  not  satisfactory  any  member 
may  object,  and  have  the  question  decided  by  the  body  of  members. 
The  question  is  thereupon  stated  by  the  presiding  officer  ;  he,  contrary  to 
the  usual  rule,  is  allowed  to  debate  the  question  with  the  other  members. 

The  question  of  an  appeal  is,  whether  the  decision  of  the  presiding 
officer  shall  stand  as  the  judgment  of  the  body  itself.  If  a  majority  vote 
in  the  affirmative,  the  decision  stands  ;  if  not,  it  is  reversed. 

A  mere  opinion  of  the  presiding  officer,  drawn  out  by  questions  cn 
points  of  order,  is  not  subject  to  an  appeal.  To  be  appealed  from,  it 
must  be  an  actual  decision  on  a  question  coming  up  regularly  in  the 
course  of  business. 

Reading  Papers . 

When  papers  have  been  laid  before  the  main  body,  or  referred  to  a 
committee,  every  member  has  a  right  to  have  them  once  read  at  the  table 


lU 


HOW  TO  BE  YOUR  OWN  LAWYER. 


before  he  can  be  compelled  to  vote  on  them.  The  paper  is  read  bj 
the  clerk.  But  he  has  no  right  to  read  any  paper,  book,  or  docu¬ 
ment,  or  even  his  own  speech  which  he  has  prepared  beforehand  him¬ 
self  nor  to  have  it  read  independently  of  the  will  of  a  majority  of  the 
members.  If  the  reading  be  demanded  purely  for  information  of  a 
member  and  not  for  delay,  and  no  objection  is  made,  the  chairman  will 
direct  it  to  be  done  ;  but  if  any  one  should  object,  the  question  must  be 
put. 

No  member  has  a  right,  without  a  question  first  put,  to  have  any¬ 
thing  read  which  is  not  before  the  body. 

Presenting  a  Petition. 

When  a  member  presents  a  petition  he  should  previously  inform  him¬ 
self  of  its  contents,  so  as  to  be  able  to  state  the  substance  of  it  on  present¬ 
ing  it  to  the  meeting.  On  presenting  the  petition  he  states  the  substance, 
and  then  moves  that  it  be  received ;  this  motion  being  seconded,  the 
question  is  put,  whether  the  petition  be  accepted  or  not.  In  practice, 
however,  the  presiding  officer  usually  takes  it  for  granted  that  there  is  no 
objection  to  the  reception  of  the  petition.  After  the  petition  has  been 
accepted  it  is  read  aloud  by  the  clerk. 


Lie  on  the  Table. 

Matters  which  have  been  laid  on  the  table  may  be  taken  up  at  any  time 
afterward  and  considered,  when  it  may  suit  the  convenience  of  the 
members. 

If  laid  on  the  table  by  a  motion,  they  can  only  be  lifted  from  it  by  a 
motion.  If  laid  there,  under  rules,  as  a  matter  of  course,  they  can  be 
called  up  by  any  member  as  a  matter  of  right,  when  the  business  to 
which  they  belong  is  reached  in  its  regular  order. 

This  motion  is  sometimes  made  use  of  for  the  final  disposition  of  the 
subject,  or  when  the  meeting  has  something  else  before  it  which  claims 
its  present  attention. 

Rights  of  Members. 

Every  member  has  the  same  right  with  every  other  member,  to  submit 
his  propositions  to  the  meeting,  to  explain  and  recommend  them,  and  te 
have  them  examined  and  decided  upon. 


HOW  TO  BE  TOUR  OWN  LAWYER. 


445 


Order  and  Decorum. 

When  any  member  desires  to  speak  on  any  subject,  be  is  to  rise  and 
stand  uncovered,  and  to  address  himself,  not  to  the  meeting,  or  to  any 
particular  member,  but  to  the  presiding  officer,  who,  on  bearing  him, 
calls  him  by  bis  name.  But  if  be  is  unable  to  stand,  he  may  be  indulged 
to  speak  sitting. 

When  a  member  stands  up  to  speak,  no  question  is  to  be  put ;  but  be 
is  to  be  beard,  unless  the  body  overrules  him. 

If  two  or  more  rise  to  speak  nearly  together,  the  chairman  decides  who 
was  first  up,  and  calls  him  by  name  or  location  ;  but  the  determination 
of  the  presiding  officer  may  be  overruled  by  the  meeting. 

No  man  can  speak  more  than  once  to  the  same  question  ;  but  when  all 
who  desire  to  speak  have  spoken,  a  member  may  speak  a  second  time  by 
unanimous  consent. 

A  member  may  be  permitted  to  speak  a  second  time  to  clear  a  matter 
of  fact ;  or  merely  to  explain  himself  in  some  material  part  of  his  speech  ; 
or  to  the  manner  and  words  of  the  question,  keeping  himself  to  that  only, 
and  not  going  into  the  merits  of  it ;  or  to  the  orders  of  the  body,  if 
they  be  transgressed,  keeping  within  that  line. 

If  the  presiding  officer  rises  to  speak,  the  member  standing  up  ought 
to  resume  his  seat,  in  order  that  the  chairman  may  be  first  heard. 

No  person,  in  speaking,  is  to  mention  a  member  then  present  by  his 
name  ;  but  to  describe  him  by  his  seat,  or  as  one  who  spoke  last ;  or  on 
the  other  side  of  the  question  ;  or  in  some  other  indirect  way  to  identify 
him. 

No  person,  in  speaking,  is  to  use  indecent  language  against  the  pro¬ 
ceedings  of  the  body ;  and  no  prior  determination  of  which  is  to  be  re¬ 
flected  on  by  any  member,  unless  he  means  to  conclude  with  a  motion  to 
rescind  it. 

When  a  member  shall  be  called  to  order  by  a  member  or  the  chair,  he 
8b  all  sit  down  until  the  point  of  order  is  decided.  The  member  who 
makes  the  call  shall  state  his  point  of  order,  and  the  question  shall  be  de¬ 
cided  by  the  chair,  without  debate,  subject  to  an  appeal  to  the  members. 

No  member  is  to  disturb  another  or  the  meeting  by  hissing,  coughing, 
spitting,  speaking,  or  rude  exclamations ;  by  standing  up  to  interrupt 
others  ;  by  passing  between  the  presiding  officer  and  the  member  speak¬ 
ing,  nor  go  across  the  house  while  a  member  is  speaking ;  walking  across 
the  floor ;  taking  books  or  papers  from  the  table,  or  writing  there.  Nev¬ 
ertheless,  if  a  member  is  speaking,  and  no  attention  is  paid  to  what  he  says 


446 


BOW  TO  BE  YOUR  OWN  LAWYER. 


it  is  most  prudent  for  him  to  sit  down,  as  the  ill-manners  of  his  colleague! 
are  not  without  some  excuse  or  provocation. 

If  repeated  calls  of  the  presiding  officer  do  not  produce  order,  it  be¬ 
comes  his  duty  to  call  any  member  by  name  who  persists  in  irregularity, 
whereupon  the  main  body  may  require  the  member  to  withdraw,  who 
then  must  be  heard,  if  he  desires  it,  in  exculpation,  and  to  withdraw  to 
await  the  further  action  of  his  colleagues,  who  may  pass  a  vote  of  cen¬ 
sure  upon  him. 

If  a  member  in  speaking  make  use  of  language  which  is  personally 
offensive  to  another  or  insulting  to  the  meeting,  he  is  immediately  inter¬ 
rupted  by  a  member  rising  and  calling  him  to  order.  The  offensive 
words  are  to  be  taken  down  by  the  member  who  objects,  or  by  the  secre¬ 
tary,  at  his  request.  If  the  presiding  officer  thinks  the  words  are  not  dis¬ 
orderly,  he  will  delay  to  direct  them  to  be  taken  down  by  the  secretary, 
unless  the  members  insist  on  having  them  written  down.  The  words 
objected  to  are  to  be  read,  when  taken  down,  to  the  member  who  was 
speaking,  who  may  deny  them ;  in  which  case  the  body  shall  decide 
whether  they  are  the  words  or  not.  If  they  are  voted  to  be  his,  or  if  he 
acknowledge  them,  he  must  justify  them,  or  explain  the  use  of  them,  or 
he  may  apologize.  If  the  offended  member  still  persists,  and  is  not  satis¬ 
fied,  the  sense  of  the  body  may  be  taken,  during  which  both  members 
must  withdraw. 

Disorderly  words  spoken  in  committee  must  be  written  down  in  the 
same  manner  as  in  the  main  body  ;  but  the  committee,  as  such,  can  only 
report  them  to  the  latter  for  its  action.  The  committee  can  not  punish 
disorderly  conduct  of  any  kind. 

Blasphemous  or  seditious  words,  or  words  reflecting  on  the  religious 
belief  of  members,  or  on  religion  generally,  are  not  in  order. 

No  member  ought  to  be  present  when  any  matter  or  business  which 
concerns  himself  is  debating,  nor  ought  he  to  vote  upon  it ;  nor  is  any 
member  to  speak  to  the  merit  of  it  until  he  withdraws.  Nevertheless, 
the  member  is  to  be  heard  upon  it,  before  he  withdraws. 

It  is  a  breach  of  decorum  for  a  member  to  come  into  the  place  of 
meeting  with  his  head  covered,  or  to  remain  there  with  his  hat  on,  or  tc 
put  on  his  hat  while  there. 

When  a  member  is  called  to  order,  he  shall  sit  down  at  once,  unless 
permitted  to  explain.  If  the  body  be  appealed  to,  it  shall  decide  the 
question  without  debate  ;  if  there  be  no  appeal,  the  decision  of  the  chaif 
shall  be  submitted  to.  If  the  decision  be  in  favor  of  the  member,  he 
shall  be  allowed  to  proceed  ;  if  against  him,  he  shall  not  proceed  without 


HOW  TO  BE  YOUR  OWN  LAWYER.  447 

the  leave  of  the  body  ;  and  the  body  may,  if  it  think  proper,  proceed  tc 
censure  him. 

If  any  person  refuses  to  withdraw  when  ordered  to  do  so,  or  conduct 
himself  in  a  disorderly  or  improper  manner,  the  member  may  employ 
sufficient  force  to  remove  such  person  from  the  meeting. 

All  decisions  of  the  presiding  officer  are  liable  to  be  reversed,  altered, 
or  amended  by  the  body. 

Adjournments  and  Recesses. 

An  adjournment  is  the  closing  of  a  session  for  the  day,  to  be  resumed 
on  another  day ;  on  which  day  the  regular  routine  of  business  is  com¬ 
menced  anew,  except  when  superseded  by  a  special  order. 

A  recess  is  a  suspension  of  business  from  one  hour  of  a  day  to  another 
hour  of  the  same  day  ;  at  which  hour  business  is  taken  up  at  the  point 
where  it  was  left,  unless  a  special  order  takes  its  place. 

As  the  object  of  motion  to  adjourn,  when  made  in  the  midst  of  some 
proceeding,  is  simply  to  break  up  the  meeting,  it  can  not  be  amended  by 
adding  a  particular  day,  unless  the  motion  to  adjourn  is  made  when  no 
other  business  is  before  the  meeting,  in  which  case  it  may  be  amended. 
It  must  be  put  simply  that  this  body  do  now  adjourn  ;  and,  if  carried  in 
the  affirmative,  it  is  adjourned  to  the  next  sitting  day,  or  without  day,  as 
the  case  may  be.  But  any  special  time  of  adjournment  may  be  fixed  by 
a  previous  resolution. 

Suspension  of  Rules. 

It  is  usual  in  the  code  of  rules  adopted  by  societies  to  provide  that  a 
certain  number  exceeding  a  majority  shall  be  competent  to  suspend  a 
rule  in  a  particular  case.  Where  this  is  not  provided  for,  it  is  accom¬ 
plished  by  unanimous  consent ;  but  the  object  of  suspending  the  rule 
must  be  stated  in  the  motion,  and  when  that  object  has  failed  or  been 
attained,  the  rule  regains  its  former  force. 


RECAPITULATION  OF  CERTAIN  POINTS. 

I.— Motions  in  Order  During  Debate. 

These  in  their  order  of  precedence  are  : 

1.  To  adjourn. 

2.  To  lay  on  the  table. 

8.  To  postpone  indefinitely 


448 


HOW  TO  BE  YOUR  OWN  LAWYER. 


4.  To  postpone  to  a  certain  day. 

5.  To  commit. 

6.  To  amend. 

II— Motions  in  their  Order  of  Precedence. 

1 .  To  fix  time  [and  place,  if  desired]  of  adjournment. 

2.  To  adjourn. 

3.  For  tlie  order  of  the  day. 

4.  To  lay  on  the  table. 

5.  For  the  previous  question. 

6.  To  postpone  indefinitely. 

7.  To  postpone  to  a  time  certain. 

8.  To  commit. 

9.  To  amend. 

Ill— Motions  in  Order  when  a  Member  has  the  Floor, 

1.  Call  to  order. 

2.  Appeal  from  decision  of  the  Chair. 

3.  Objection  to  considering  a  question. 

[Not  in  order  if  debate  has  already  begun  on  the  subject.] 

4.  That  the  question  be  discussed. 

5.  For  the  order  of  the  day. 

IV.— Motions  Opening  Main  Question  to  Debate. 

1.  To  strike  out  enacting  clause  of  bill,  or  ordinance. 

2.  To  commit  the  question. 

3.  To  refer. 

4.  To  postpone  indefinitely. 

5.  To  reconsider  a  debatable  question. 

V—  Successful  Motions  that  can  not  be  Reconsidered. 

1.  Adjournment. 

2.  To  take  from  the  table. 

3.  To  reconsider. 

4.  That  the  committee  rise 
5  To  suspend  the  rules 


HOW  TO  BE  YOUK  OWN  LAWYER. 


449 


VI.— Matters  not  Subject  to  Amendment. 

1.  Motion  to  adjourn. 

2.  Amendment  to  an  amendment. 

3.  An  appeal  from  the  decision  of  the  Chair. 

4.  A  call  to  order. 

5.  Motion  for  leave  to  continue  speaking  after  having  been  pronounced 
out  of  order. 

6.  Motion  to  lay  on  the  table. 

7.  Objection  to  the  consideration  of  a  question. 

8.  Motion  for  the  order  of  the  day. 

9.  Motion  to  indefinitely  postpone. 

10.  Call  for  the  previous  question. 

11.  Motion  to  reconsider. 

12.  Motion  that  the  committee  rise. 

13.  Motion  that  a  question  be  discussed. 

14.  Motion  to  suspend  the  rules. 

15.  Motion  to  take  from  the  table. 

16.  Motion  to  take  up  a  question  out  of  the  proper  order. 

17.  Motion  for  leave  to  withdraw  a  motion. 

VII.— A Ion-Debatable  Matters. 

1.  A  motion  to  adjourn.  But  a  motion  to  fix  the  time  to  which  the 
Society  shall  adjourn,  when  it  does  adjourn,  is  debatable. 

2.  An  appeal  from  the  decision  of  the  Chair,  when  as  a  question  of 
decorum  in  debate,  or  to  the  priority  of  business.  And  no  appeal  can 
be  made  the  subject  of  debate  while  the  previous  question  is  pending. 

3.  A  call  to  order  is  not  debatable. 

4.  Motion  to  extend  the  limit  of  debate. 

5.  Motion  to  have  leave  to  continue  speaking  after  having  been  pro 
nounced  out  of  order. 

6.  Motion  to  lay  on  the  table. 

7.  Motion  to  limit  debate. 

8.  Objection  to  the  consideration  of  a  question  proposed. 

9.  Motion  for  the  order  of  the  day. 

10.  Motion  for  the  previous  question. 

11.  Questions  in  regard  to  priority  of  business. 

12.  Call  for  the  reading  of  papers. 


450 


HOW  TO  BE  YOUR  OWN  LAWYER. 


13.  To  reconsider  an  undebatable  question. 

14.  Motion  that  the  committee  rise. 

15.  Motion  to  allow  the  question  to  be  discussed. 

16.  Motion  to  suspend  the  rules. 

17.  Motion  to  take  from  the  table. 

18.  Motion  to  take  up  a  question  out  of  proper  order. 

19.  Leave  to  withdraw  a  motion. 


MISCELLANEOUS. 


HOW  TO  CALCULATE  INTEREST. 

Interest  tables  are  often  more  or  less  complicated  and  difficult  to  coni 
prebend  for  those  unaccustomed  to  figures.  While  we  present  on 
another  page  a  simple  table  for  the  calculation  of  interest  at  6  per  cent. , 
the  rule  given  below  will  be  found  easy  to  apply  by  any  one  who  can 
multiply  and  divide,  and  by  its  use  the  interest  on  any  sum,  at  any  rate, 
can  be  quickly  found. 

Rule. 

Multiply  the  principal  by  the  number  of  days  and  divide  by  6.  Point 
off  three  figures,  and  you  have  the  interest  at  6  per  cent.,  in  dollars,  cents, 
and  mills.  Then  to  obtain  the  interest  at  any  other  per  cent.,  divide  the 
result  obtained  at  6  per  cent,  by  6,  which  will  give  the  interest  at  1 
per  cent.  Multiply  the  interest  at  1  per  cent,  by  the  rate  desired,  and 
you  have  the  answer. 

Example. 

Find  the  interest  of  $216  for  124  days,  at  5  per  cent. 

$216 

124 


864 

432 

216 

6)  26784 

6)  $4,464  Interest  on  $216  for  124  days  at  6  perct. 
.744  Interest  on  $216  for  124  days,  at  1  per  ct. 


$3,720  Interest  on  $216  for  124  days,  at  5  per  ct. 

When  fractions  occur  in  dividing  it  is  usual  to  ignore  them,  as  the 
result  in  such  cases  while  not  absolutely  accurate  to  the  fraction  of  a 
mill,  is  near  enough  for  all  practical  purposes. 

The  person  who  masters  this  simple  rule  thoroughly  has  no  occasion 
to  resort  to  interest  tables  for  the  calculation  of  interest. 

(451) 


452 


IIOW  TO  BE  YOUR  OWN  LAWYER. 


INTEREST  TABLE. 

6  per  cent.  $1  to  $3,OCO  for  3,  6,  9  and  12  Months. 

Dollars. 

3  Months. 

6  Months. 

9  Months. 

1  year. 

$i 

■  01| 

.03 

.04* 

.06 

2 

.03 

.06 

.09 

.12 

3 

.04* 

.09 

.13* 

.18 

4 

.06 

.12 

.18 

.24 

5 

•  07| 

.15 

.22* 

.30 

6 

.09 

.18 

27 

.36 

7 

.10* 

.21 

.31* 

.42 

8 

.12 

.24 

.36 

.48 

9 

.13* 

.27 

.40* 

.54 

10 

.15 

.30 

.45 

.60 

20 

.30 

.60 

.90 

1.20 

30 

.45 

.90 

1.35 

1.80 

40 

.60 

1.20 

1.80 

2.40 

50 

.75 

1.50 

2.25 

3.00 

60 

.90 

1.80 

2.70 

3.60 

70 

1.05 

2.10 

3.15 

4.20 

80 

1.20 

2.40 

3.60 

4.80 

90 

1.35 

2.70 

4.05 

5.40 

100 

1.50 

3.00 

4.50 

6.00 

200 

3.00 

6.00 

9.00 

12.00 

300 

4.50 

9.00 

13.50 

18.00 

400 

6.00 

12.00 

18.00 

24.00 

500 

7.50 

15.00 

22.50 

30.00 

600 

9.00 

18.00 

27.00 

86.00 

700 

10.50 

21.00 

31.50 

42.00 

800 

12.00 

24.00 

36.00 

48.00 

900 

13.50 

27.00 

40.50 

54.00 

1000 

15.00 

30.00 

45.00 

60.00 

2000 

30.00 

60.00 

90.00 

120.00 

3000 

45.00 

90.00 

135.00 

180.00 

Example. 

To*ascertain  the  interest  by  the  above  table  on  $360,  for  one  year  and 
six  months  at  6  per  cent. : — 

Find  $300  in  left-hand  column.  In  the  column  headed  “  1  year,”  on 
a  line  with  $300,  you  will  find  $18,  the  interest  for  a  year.  Under  col¬ 
umn  headed  “6  months,”  you  will  find  $9  the  interest  for  six  months. 
Next  find  $60,  and  under  column  for  “1  year”  you  will  find  $3.60; 
under  column  for  “6  months”  $1.80.  Add  $18,  $9,  $3.60  and  $1.80 
together  and  you  have  $32.40,  the  interest  on  $360  for  1  year  and  6 
months. 

Proceed  in  a  similar  way  with  any  other  sum. 


HOW  TO  BE  YOUR  OWN  LAWYER, 


453 


INTEREST  TABLE. 

Showing  the  interest  per  day,  at  6  per  cent.,  on  ao}r  number  of  Dollars  from 
$1  to  $12,000. 


Principal 

Interest. 

Principal 

Interest. 

Principal 

Interest. 

Principal 

Interest. 

Dollars. 

Mills. 

Dollars. 

a 

Dollars. 

Cents. 

Mills. 

Dollars. 

Dollars. 

Cents. 

Mills. 

1 

.00016 

31 

.00510 

61 

.01,003 

91 

.01,496 

2 

.00033 

32 

.00526 

62 

.01,019 

92 

.01,512 

3 

.00049 

33 

.00542 

63 

.01,036 

93 

.01,529 

4 

.00066 

34 

.00559 

64 

.01,052 

94 

.01,545 

5 

.00082 

35 

.00575 

65 

.01,068 

95 

.01,562 

6 

.00099 

36 

.00592 

66 

.01,085 

96 

.01,578 

7 

.00115 

37 

.00608 

67 

.01,101 

97 

.01,595 

8 

.00132 

38 

.00625 

68 

.01,118 

98 

.01,611 

9 

.00148 

39 

.00641 

69 

.01,134 

99 

.01,627 

10 

.00164 

40 

.00658 

70 

.01,151 

100 

.01,644 

11 

.00181 

41 

.00674 

71 

.01,167 

200 

.03,288 

12 

.00197 

42 

.00690 

72 

.01,184 

300 

.04,932 

13 

.00214 

43 

.00707 

73 

.01,200 

400 

.06,575 

14 

.00230 

44 

.00723 

74 

.01,216 

500 

.08,219 

15 

.00247 

45 

.00740 

75 

.01,233 

600 

.09,863 

16 

.00263 

46 

.00756 

76 

.01,249 

700 

.11,507 

17 

.00279 

47 

.00773 

77 

.01,266 

800 

.13,151 

18 

.00296 

48 

.00789 

78 

.01,282 

900 

.14,795 

19 

.00312 

49 

.00808 

79 

.01,299 

1000 

.16,438 

20 

.00329 

50 

.00822 

80 

.01,315 

2000 

.32,877 

21 

.0034) 

51 

.00838 

81 

.01,332 

3000 

.49,815 

22 

.00362 

52 

.00855 

82 

.01,348 

4000 

.65,753 

23 

.00378 

53 

.00871 

83 

.01,364 

5000 

.82,192 

24 

.00395 

54 

.00888 

84 

.01,381 

6000 

.98,630 

25 

.00411 

55 

.00904 

85 

.01,397 

7000 

1.15,058 

26 

.00427 

56 

.00921 

86 

.01,414 

8000 

1.31,507 

27 

.00444 

57 

.00937 

87 

.01,430 

9000 

1.47,945 

28 

.00460 

58 

.00953 

88 

.01,447 

10000 

1.64,384 

29 

.00477 

59 

.00970 

89 

.01,463 

11000 

1.80,822 

30 

.00493 

60 

.00986 

90 

.01  479 

12000 

1.97,260 

Example. — Find  the  interest  on  $600,  for  16  days  a  7  per  cent.  • 

A  glance  at  the  table  above  shows  the  Interest  on  $600,  for  one  day  at  6  per 
cent,  to  be  .09863.  For  16  days,  of  course,  it  would  be  16  x  .09863=- $1,578. 
Dividing  $1,578  by  6,  we  get  the  interest  at  1  per  cent.  Multiply  the  interest 
at  1  per  cent,  by  7,  and  the  result  is  the  interest  on  $600,  for  16  days  at  7  pel 
cent.,  which  is  $1.84. 


454- 


how  TO  BE  YOUR  OWN  LAWYER, 


COINS  OF  FOREIGN  NATIONS, 

AND  THEIR  VALUE  IN  UNITED  STATES  MONEY. 


GOLD  COINS. 


Country. 

Denominations. 

Value  in 

U.  S.  money. 

Austria . 

Fourfold  ducat . 

$  cts.  m. 

9  13  1 

a 

4  florins  (new) . 

1  93  5 

t* 

Ducat . 

2  27  9 

Belgium . 

25  francs . 

4  72  0 

Brazil . 

29  milreis . 

10  89  3 

Central  America . 

2  escudos . 

3  68  7 

a 

4  reals . 

0  48  7 

Chili . 

10  pesos  (dollars) . 

9  11  4 

Columbia  and  South  Amer¬ 
iea  generally . 

Old  doubloon . 

15  59  2 

Colombia . 

20  pesos,  “  Bogota” . 

18  94  6 

n 

20  pesos,  “Medellin” . 

19  05  5 

n 

20  pesos,  ‘  ‘  Popayan  ” . 

18  96  2 

Costa  Rica . 

10  pesos . 

8  44  7 

Denmark . 

20  crown . 

5  35  8 

t< 

Old  ten-thaler  ...  . 

7  89  8 

Egypt . . 

Bedidlik  (100  piasters) . 

4  97  3 

England . 

Pound,  or  sovereign  (new) . 

4  86  5 

France . 

20  francs. ...  . 

3  84  5 

German  Empire . 

New  20  marks . 

4  76  3 

Greece . 

20  drachms . 

3  44  2 

India  (British) . 

Mohur,  or  15  rupees . 

7  10  3 

Italy . 

20  lire . 

3  84  5 

Japan  . 

20  yen . 

19  94  2 

Mexico . 

Doubloon . 

15  60  0 

"Netherlands  . 

10  gilders . 

3  99  3 

New  Granada . 

10  pesos  (dollars) . 

9  67  4 

Norway  . 

20  crowns . 

5  35  8 

Peru . 

20  soles . 

19  23  7 

Portugal  . 

Coroa  (crown) . 

5  80  5 

"Russia . , . 

5  rubles . 

3  97  5 

Spain . 

100  reals . 

4  96  3 

a 

80  reals . 

3  86  2 

Sweden . 

Ducat  ....  . 

2  23  6 

Carolin  (10  francs) . 

1  93  4 

Tunis . 

25  piasters . 

2  99  5 

Turkey  t . .  1 1 1 , . 

100  piasters . 

4  36  8 

now  TO  EE  YOUE  OWN  LAWYER. 


455 


COINS  OF  FOREIGN  NATIONS,  Eta. 


SILVER  COIRS. 


Country. 

Denominations. 

Value  in 

U.  S.  money. 

Austria.  .  r . 

Old  rix  dollar . 

$  cts.  m 

0  95  4 

New  florin . 

0  45  3 

n 

New  Union  dollar  . 

0  68  1 

'Belgium . 

5  francs . 

0  91  5 

Bolivia  . 

New  dollar . 

0  91  5 

Brazil . 

Double  milreis . 

0  95  4 

Clan  ad  a . 

20  cents . 

0  17  6 

Central  Amerioa . 

Dollar . 

0  93  5 

Chili  . 

Old  dollar .  . 

0  99  6 

if 

New  dollar . 

0  91  6 

China . 

Dollar  (English  mint)  .  . . 

0  99  1 

a 

10  cents . 

0  09  9 

Denmark  . 

2  rigsdaler . 

1  03  2 

EsrvDt . 

Piaster  (new) . 

1  03  8 

England . 

Shilling  (new) . 

0  21  4 

a 

Shilling  (average) . 

0  20  9 

a 

Florin . 

0  42  9 

France  . 

5  franc . 

0  91  6 

North  German  States . 

Tlialer,  before  1857  . 

0  67  8 

a  it  it 

Thaler  (new) . 

0  68  0 

South  German  States . 

Florin . 

0  38  9 

German  Empire . 

5  marks  (new) . 

0  91  9 

Greece  . . .  . . 

5  drachms . 

0  82  2‘ 

TTindostan . 

Rupee . 

0  43  4 

Italy . 

5  lire . 

0  91  7 

Japan  . 

1  yen . 

0  99  1 

tt 

50  sen . 

0  40  8 

Mexico . 

Dollar . 

0  99  8 

Netherlands . 

2|  gilders . 

0  96  4 

Norway . 

Specie  daler . 

1  93  2 

New  Granada . 

Dollar  of  1857 . 

0  91  1 

Peru . 

Old  dollar . 

0  99  0 

Portugal . 

500  Reis . 

0  46  3 

Roumania . 

2  lei  (francs),  new . 

0  34  1 

Russia . . . 

Ruble . 

0  74  1 

Spain . 

5  pesetas  (dollars) . 

0  91  4 

Sweden . 

Riksdaler . 

0  26  0 

Switzerland . 

2  francs . 

0  33  9 

Tunis . 

5  piasters . 

0  58  3 

Turkey  . 

20  piasters . 

0  81  1 

45G 


now  TO  BE  YOUR  OWN  LAWYER, 


TABLE 


Showing  the  number  of  feet  (board  measure)  contained  in  a  piece  of  joist 
scantling,  or  timber,  of  the  sizes  given  below. 


SIZE 


LENGTH  IN  FEET  OF  JOISTS,  SCANTLING,  AND  TIMBER. 


IN 


INCH  S 

12 

14 

16 

18 

20 

22 

24 

26 

28 

30 

42 

44 

45 

2x  4 

8 

9 

11 

12 

13 

15 

16 

17 

19 

20 

28 

29 

30 

2x  6 

12 

14 

16 

18 

20 

22 

24 

26 

28 

30 

42 

44 

45 

2x  8 

16 

19 

21 

24 

27 

29 

32 

35 

37 

40 

53 

58 

60 

2x10 

20 

23 

27 

30 

33 

37 

40 

43 

47 

50 

70 

74 

75 

2x12 

24 

28 

32 

36 

40 

44 

48 

52 

56 

60 

84 

88 

90 

3x  4 

12 

14 

16 

18 

20 

22 

24 

26 

28 

30 

42 

44 

45 

3x  6 

18 

21 

24 

27 

30 

38 

36 

39 

42 

45 

63 

66 

68 

3x  8 

24 

28 

32 

36 

40 

44 

48 

52 

56 

60 

84 

88 

90 

3x10 

30 

35 

40 

45 

50 

55 

60 

65 

70 

75 

105 

110 

113 

3x12 

36 

42 

48 

54 

60 

66 

72 

78 

84 

90 

126 

132 

135 

4x  4 

16 

19 

21 

24 

27 

29 

32 

35 

37 

40 

56 

58 

60 

4x  6 

24 

28 

32 

36 

40 

44 

48 

52 

56 

60 

84 

88 

90 

4x  8 

32 

37 

43 

48 

53 

59 

64 

69 

75 

80 

112 

118 

120 

4x10 

40 

47 

53 

60 

67 

73 

80 

87 

93 

100 

140 

146 

150 

4x12 

48 

56 

64 

72 

80 

88 

96 

104 

112 

120 

168 

176 

180 

6x  6 

36 

42 

48 

54 

60 

66 

72 

78 

84 

90 

126 

132 

135 

6x  8 

48 

56 

64 

72 

80 

88 

96 

104 

112 

120 

168 

176 

180 

6x10 

60 

70 

80 

90 

100 

110 

120 

130 

140 

150 

210 

220 

225 

6x12 

72 

84 

96 

108 

120 

132 

144 

156 

168 

180 

250 

265 

270 

8x  8 

64 

75 

85 

96 

107 

117 

128 

139 

149 

160 

224 

234 

240 

8x10 

80 

93 

107 

120 

133 

147 

160 

173 

187 

200 

280 

294 

300 

8x12 

96 

112 

128 

144 

160 

176 

192 

208 

224 

240 

336 

352 

360 

10x10 

100 

117 

133 

150 

167 

183 

200 

217 

233 

250 

350 

366 

375 

10x12 

120 

140 

160 

180 

200 

220 

240 

260 

280 

300 

420 

440 

450 

12x12 

144 

168 

192 

216 

240 

264 

288 

312 

336 

360 

504 

528 

540 

12x14 

168 

196 

224 

252 

280 

308 

336 

364 

392 

420 

588 

616 

030 

14x14 

196 

229 

261 

294 

327 

359 

392 

425 

457 

490 

686 

716 

735 

HOW  TO  BE  YOUR  OWN  LAWYER. 


Cl^COi>OH-i-©©ao<i©Cl^OOtOl~*-© 

Length 

in 

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Diam. 

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Diam. 

28 

LOGS  REDUCED  TO  INCH-BOARD  MEASURE. 


LOGS  REDUCED  TO  INCH-BOARD  MEASURE. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Diam. 

44 

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Diam. 

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Diam 

41 

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Diam. 

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Diam. 

29 

HONICCOHONIOWHOOOO^IM 

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C0^H^^i010^>OC0J>i>a000000505 

Length 
in  Feet. 

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HrHpHHrHpHrHTHHHWWWNCiW 

HOW  TO  BE  YOUR  OWN  LAWYER. 


459 


LEOAL  HOLIDAYS  IN  THE  UNITED  STATES . 

January  1st,  or  New  Year’s  Day,  is  a  legal  holiday  in  all  the  State* 
except  Arkansas,  Delaware,  Georgia,  Kentucky,  Maine,  Massachusetts, 
New  Hampshire,  Rhode  Island,  and  North  and  South  Carolina. 

February  22d,  or  Washington’s  Birthday,  is  a  legal  holiday  in  all  the 
States  but  Alabama,  Arkansas,  Florida,  Illinois,  Indiana,  Iowa,  Kansas 
Maine,  Missouri,  North  Carolina,  Ohio,  Oregon,  Tennessee,  and  Texas. 

May  30th,  or  Decoration  Day,  is  a  legal  holiday  only  in  Colorado,  Con¬ 
necticut,  Maine,  Michigan,  New  Hampshire,  New  Jersey,  New  York, 
Pennsylvania,  Rhode  Island,  and  Vermont. 

January  8th,  the  anniversary  of  the  battle  of  New  Orleans ;  February 
12th,  the  anniversary  of  the  birth  of  Abraham  Lincoln  ;  and  March  4th, 
the  Firemen’s  Anniversary,  are  legal  holidays  in  Louisiana. 

July  4th,  Independence  Day,  is  a  legal  holiday  in  all  the  States  and 
Territories. 

December  25th,  Christmas  Day,  is  a  legal  holiday  in  all  the  States  and 
Territories. 

Thanksgiving  Day  and  Public  Fast  Days,  designated  by  the  President 
of  the  United  States,  are  legal  holidays.  It  is  the  custom  of  Governors 
of  States  to  announce  Thanksgiving  and  Fast  Days  by  proclamation. 
Formerly  Thanksgiving  Day  was  often  different  in  different  States,  but 
of  late  years  the  Governors  of  States  generally  select  the  day  designated 
by  the  President. 


TECHNICAL  TERMS  USED  BY  BROKERS. 

A  Bull  is  one  who  operates  to  depress  the  value  of  stocks  that  he  may 
buy  for  a  rise. 

A  Bear  is  one  who  sells  stocks  for  future  delivery,  which  he  does  not 
own  at  the  time  of  sale. 

A  Corner  is  when  the  Bears  can  not  buy  or  borrow  the  stock  to  deliver 
in  fulfilment  of  their  contracts. 

Overloaded  is  when  the  Bulls  can  not  take  and  pay  for  the  stock  they 
have  purchased. 

Short  is  when  a  person  or  party  sells  stocks  without  owning  any,  and 
expects  to  buy  or  borrow  in  time  to  deliver. 

Long  is  when  a  person  or  party  has  a  plentiful  supply  of  stocks. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


4t)0 

A  Pool  or  Ring  is  a  combination  formed  to  control  the  price  of  stocks. 

A  broker  is  said  to  Carry  stocks  for  his  customer  when  he  has  bought 
and  is  holding  it  for  his  account. 

A  Wash  is  a  pretended  sale  by  special  agreement  between  buyer  and 
seller,  for  the  purpose  of  getting  a  quotation  reported. 

A  Put  and  Call  is  when  a  person  gives  so  much  per  cent,  for  the  option 
of  buying  or  selling  so  much  stock  on  a  certain  fixed  day,  at  a  priee  fixed 
the  day  the  option  is  given. 


TABLE  FOR  FARMERS  AND  SURVEYORS. 

Giving  the  exact  proportions  of  an  acre  in  square  feet  comprised  in  a 
lot  containing  less  than  an  acre. 


Square 

Feet. 

lOOths 
of  acre. 

c 

J-l 

2 

OQ  ^ 

lOOths 
of  acre. 

Square 

Feet. 

lOOtha 
of  acre. 

Square 

Feet. 

lOOths 

of  acre. 

486 

.01 

11326 

.26 

22216 

.51 

33106 

.76 

871 

.02 

11761 

.27 

22651 

.52 

83541 

.77 

1807 

.03 

12197 

.28 

23087 

.53 

33977 

.78 

1742 

.04 

12632 

.29 

23522 

.54 

84412 

.79 

2178 

.05 

13068 

.30 

23958 

.55 

34848 

.80 

2614 

.06 

13504 

.31 

24394 

.56 

35384 

.81 

3049 

.07 

13939 

.32 

24829 

.57 

35819 

.82 

8485 

.08 

14375 

.33 

25265 

.58 

36255 

.83 

8920 

.09 

14810 

.34 

25700 

.59 

36690 

.84 

4356 

.10 

15216 

.35 

26136 

.60 

37026 

.85 

4792 

.11 

15682 

.36 

26572 

.61 

37462 

.86 

5227 

.12 

16117 

.37 

27007 

.62 

37897 

.87 

5666 

.13 

16558 

.38 

27443 

.63 

38333 

.88 

6098 

.14 

16988 

.39 

27878 

.64 

38768 

.89 

6534 

.15 

17421 

.40 

28314 

.65 

39204 

.90 

6979 

.16 

17860 

.41 

28750 

.66 

39640 

91 

7405 

.17 

18295 

.42 

29185 

.67 

40075 

.92 

7811 

.18 

18731 

.43 

29621 

.68 

40511 

.93 

8276 

.19 

19166 

.44 

30056 

.69 

40946 

.94 

8712 

.20 

19602 

.45 

30492 

.70 

41381 

.95 

9148 

.21 

20038 

.46 

30928 

.71 

41818 

.96 

9583 

.22 

20473 

.47 

31363 

.72 

42253 

.97 

10019 

.23 

20909 

.48 

31799 

.73 

42689 

.98 

10454 

.24 

21344 

.49 

32234 

.74 

43124 

.99 

10890 

.25 

21780 

.50 

32670 

.75 

43560 

1.00 

HOW  TO  BE  YOTTR  OWN  LAWYER. 


4G1 


Arkansas  . 

California  . 

Connecticut . 

Georgia . 

Illinois . 

Indiana . 

Iowa .  . 

Kansas  . 

Kentucky . 

Maine . 

Massachusetts . 

Minnesota  . 

Missouri . 

New  Hampshire  .  * . 

New  Jersey . 

New  York . 

North  Carolina . 

Ohio . 

Pennsylvania . 

Rhode  Island . 

South  Carolina . 

Tennessee . 

Vermont  .  . 

w  isconsin  . . 

STATES. 

ggg:  8:  §8888888888888888888 

Wheat. 

gggggggggggggssss&gsgsggsg 

Rye. 

SSSSSSSSSSSSSSSSSSSSS:  SSSSS3 

Oats. 

&&&&&&$&&&&:  &&&&&£&&&&$&§&; 

Barley. 

SS&gg:  &88&S: 

Buckwheat 

SSSSSSSSSSSSSSSSSSSSSSSSSS: 

Shelled 

Corn. 

gg:  gg:  :  g:  :  :  :  •  :  g:  :  gggSgg:  :  g 

Corn  on  the 
Cob. 

:  g:  ggg:  :  &:  :  g:  :  Sgggg.  §&&§:  8 

Corn  Meal. 

88888888:  888888888888888:  8 

Potatoes. 

:  g:  gg-  :  g:  :  g:  :  :  gg:  ggg:  gg:  :  g 

Sweet 

Potatoes. 

gggggg:  g:  :  S:  3:  £SS2JgS£33g:  8 

Onions. 

&g§:  8:  88g:  :  ggg:  : 

Turnips. 

88888:  :  g:  gggg:  g:  S8888888:  8 

Beans. 

:  8888:  :  8g888:  :  g:  88:  *  :  :  gg:  8 

Pease. 

88:  88:  *  8:  :  £:  888:  :  :  8 

Dried 

Apples. 

88:  :  8-  :  8:  .  8:  888:  :  888888:  :  8 

Dried 

Peaches. 

gg:  g£:  :  g:  gg*  g:  g:  :  ggg:  gg:  :  g 

Flax  Seed. 

&&&&•  :  :  ft.  fc:  :  g:  &  :  :  g 

Timothy 

Seed. 

•  »u •  **  X  •  :  :  •  :  :  :  £ :  £:  :  £  £  ^  :  lit 

Blue  Grass 
Seed. 

888:  g:  8ggSS:.88g:  :  888888’  :  8 

Clover 

Seed. 

An  thro  'ite 
Coal 

:  8:  :::::::::::::  :  ggg:  gg:  :  g 

NUMBER  OF  POUNDS  TO  THE  BUSHEL,  LEGAL  WEIGHT,  IN  THE  DIFFERENT  STATES. 


462 


HOW  TO  BE  TOPE  OVvrN  LAWYER, 


QUANTITY  OF  SEED  REQUIRED  TO  PLANT  AN  ACRE. 


KIND  OF  SEED.  QUANTITY. 

Asparagus  in  12  inch  drills . 16  quarts 

Asparagus  plants,  4  by  1 1-2  feet . — 8,000 

Barley . . . 2  1-2  bushels 

Beans,  bush,  in  drills  2  1-2  feet . 11-2  bushels 

Beans,  pole,  Lima,  4  by  4  feet . 20  quarts 

Beans,  Carolina,  prolific,  etc.,  4  by  3  feet  . 10  quart.? 

Beets  and  mangold,  drills,  2  1-2  feet .  ..  9  pounds 

Broom  corn  in  drills  . 12  pounds 

Cabbage,  outside,  for  transplanting . 12  ounces 

Cabbage,  sown  in  frames . 4  ounces 

Carrot,  in  drills,  2  1-2  feet . . 4  pounds 

Celery,  seed. . . 8  ounces 

Celery,  plant  4  by  1-2  feet . . . 25,000 

Clover,  white  Dutch . 13  pounds 

Clover,  Lucerne . 10  pounds 

Clover,  A lsike .  . 6  pounds 

Clover,  large  red,  with  timothy . 12  pounds 

Clover,  large  red,  without  timothy . 16  pounds 

Corn,  sugar . 10  quarts 

Corn,  field .  8  quarts 

Corn,  salad,  drill  10  inches  . 25  pounds 

Cucumber,  in  hills . 3  quarts 

Flax,  broadcast . 20  quarts 

Grass,  timothy  with  clover .  6  quarts 

Grass,  timothy  without  clover . 10  quarts 

Grass,  orchard . 25  quarts 

Grass,  red  top  or  heads . . . 20  quarts 

Grass,  blue . 28  quarts 

Grass,  rye . 20  quarts 

Lettuce,  in  rows  2  1-2  feet . 3  pounds 

Lawn  grass . 35  pounds 

Melons,  water,  in  hills  8  by  8  feet . 3  pounds 

Melons,  citrons,  in  hills  4  by  4  feet . 2  pounds 

Oats . 2  bushels 

Onions,  in  beds  for  sets . 50  pounds 

Onions,  in  rows  for  large  bulbs . 7  pounds 

Parsnip,  in  drills  2  1-2  feet . 5  pounds 

Pepper,  plants,  2  1-2  by  1  foot . 17,500 

Pumpkin  in  hills  8  by  8  feet  . 2  quarts 

Parsley,  in  drills  2  feet . 4  pounds 

Pease,  in  drills,  short  varieties . 2  bushels 

Pease,  in  drills,  tall  varieties . 1  to  1 1-2  bushels 

Pease,  broadcast . 3  bushels 

Potatoes . 8  bushels 

Radish,  in  drills  2  feet . 10  pounds 

Rye,  broadcast . 1  3-4  bushels 

Rye,  drilled . 11-2  bushels 

Squash,  bush,  in  hills  4  by  4  feet . 3  pounds 

Turnips,  in  drills  2  feet . 3  pounds 

Turnips,  broadcast . 3  pounds 

Tomatoes,  in  frames  . 3  ounces 

Tomatoes,  seed,  in  hills  3  by  3  feet . 8  ounces 

Tomatoes,  plants . . . 3,800 

Wheat,  in  drills . 11-4  bubhele 

Wheat,  broadcast . 2  bushela 


HOW  TO  BE  YOUR  OWN  LAWYER. 


463 


TABLE 


SHOWING  THE  NUMBER  OF  DAYS  FROM  A  GIVEN  DAY  IN  ANY  MONTH 
TO  THE  SAME  DAY  IN  ANY  OTHER  MONTH. 


o 

FROM 

January. 

February. 

March. 

April. 

May. 

June. 

July. 

August. 

September. 

October. 

November. 

December. 

January  .... 

865 

31 

59 

90 

120 

151 

181 

212 

243 

273 

304 

334 

February  . . . 

334 

365 

28 

59 

89 

120 

150 

181 

212 

242 

273 

303 

March . 

306 

337 

365 

31 

61 

92 

122 

153 

184 

214 

245 

275 

April  . 

275 

306 

334 

365 

30 

61 

91 

122 

153 

183 

214 

244 

May . 

245 

276 

304 

335 

365 

31 

61 

92 

123 

153 

185 

214 

June - - 

214 

245 

273 

304 

334 

365 

30 

61 

92 

122 

153 

183 

July . 

184 

215 

243 

274 

304 

335 

365 

31 

62 

92 

123 

153 

August . 

153 

184 

212 

243 

273 

304 

334 

365 

31 

61 

92 

122 

September  . . 

122 

153 

181 

212 

242 

273 

303 

334 

365 

80 

61 

91 

October.  ... 

92 

123 

151 

182 

212 

243 

278 

304 

385 

365 

31 

61 

November. . . 

61 

92 

120 

151 

181 

212 

242 

273 

304 

334 

365 

30 

December. . . 

31 

62 

90 

121 

151 

182 

212 

243 

274 

S04 

335 

365 

Example. 

To  find  the  number  of  days  from  June  16th  to  October  16th  : — 

In  the  left-hand  column  find  June.  Run  your  eye  along  to  the  right 
until  it  reaches  the  column  headed  October  at  the  top.  At  the  intersec 
tion  of  the  two  columns  you  will  find  the  answer,  122  days. 


464 


HOW  TO  BE  YOUR  OWN  LAWYER. 


NAMES  AND  DIMENSIONS  OF  VARIOUS  KINDS  OF  PAPER, 

Print. 

Medium . .19  x  24 

Royal  (20  x  24) . 20  x  25 

Super  Royal . 22  x  28 

Imperial . 22  x  32 

Medium  and  a  half . 24  x  30 

Small  Double  Medium . 24  x  36 

Double  Medium . 24  x  38 

Double  Royal . 26  x  40 

Double  Super  Royal . 28  x  42 

Double  Super  Royal . 29  x  43 

Broad  Twelves . 23  x  41 

Double  Imperial . 32  x  46 

Folded. 

Billet  Note .  6  x  8 

Octavo  Note .  7  x  9 

Commercial  Note . 8  x  10 

Packet  Note . 9  x  11 

Bath  Note . . 8£  x  14 

Letter  . . . 10  x  16 

Commercial  Letter . 11  x  17 

Packet  Post . ll|x  18 

Foolscap . 12!  x  16 

Flat. 

Legal  Cap . 13  x  16 

Flat  Cap . 14  x  17 

Crown  . 15  x  19 

Double  Flat  Letter . 16  x  20 

Demy . 16  x  21 

Folio  Post . 17  x  22 

Check  Folio . 17  x  24 

Double  Cap . 17  x  28 

Extra  Size  Folio . 19  x  23 

*Medium . 18  x  23 

*Royal . 19  x  24 

*Super  Royal . . 20  x  28 

imperial . 22  x  30 

Double  Demy . 21  x  31 

Elephant  . 22 J  x  27£ 

Columbier . 23  x  31 J 

Atlas . 26  x  33 

Double  Elephant . 26  x  40 


HOW  TO  BE  YOUR  OWN  LAWYER. 


465 


PRINTERS '  AND  PUBLISHERS ’  TABLE  OF  PAPER  REQUIRED 
TO  MAKE  BOOKS. 

The  following  table  shows  the  quantity  of  paper  required  for  printing 
1,000  copies  (including  56  extra  copies  to  allow  for  wastage),  of  any  book 
of  ordinary  size,  from  8vo  down  to  32m  o.  If  the  quantity  required  is 
not  found  in  the  Table,  double  or  treble  some  suitable  number  of  pages 
or  quantity  of  paper : 


No.  of 
Forms. 

8vo 

Pages. 

12mo 

Pages. 

16mo 

Pages. 

24mo 

Pages. 

O  GQ 
d 

S3  03 

“PL, 

1000  Copies. 

Rms. 

Qrs. 

1 

8 

12 

16 

24 

33 

1 

2 

2 

16 

24 

32 

48 

64 

2 

4 

3 

24 

36 

48 

72 

96 

3 

6 

4 

32 

48 

64 

96 

128 

4 

8 

5 

40 

60 

80 

120 

160 

5 

10 

6 

48 

72 

96 

144 

192 

6 

12 

7 

56 

84 

112 

168 

224 

7 

14 

8 

64 

96 

128 

192 

256 

8 

16 

9 

72 

108 

144 

216 

288 

9 

18 

10 

80 

120 

100 

240 

320 

il 

...... 

11 

88 

132 

176 

264 

352 

12 

2 

12 

96 

144 

192 

288 

384 

13 

4 

13 

104 

156 

208 

312 

416 

14 

6 

14 

112 

168 

224 

336 

448 

15 

8 

15 

120 

180 

240 

360 

480 

16 

10 

16 

128 

192 

256 

384 

512 

17 

12 

17 

136 

204 

272 

408 

18 

14 

18 

144 

216 

288 

432 

19 

16 

19 

152 

228 

304 

456 

20 

18 

20 

160 

240 

320 

480 

22 

21 

168 

252 

336 

504 

23 

2 

22 

176 

264 

352 

24 

4 

23 

184 

276 

368 

25 

6 

24 

192 

288 

384 

26 

8 

23 

200 

300 

400 

27 

10 

26 

208 

312 

416 

28 

12 

27 

216 

324 

432 

29 

14 

28 

224 

336 

448 

30 

16 

29 

232 

348 

464 

31 

18 

30 

240 

360 

480 

33 

31 

248 

372 

496 

34 

2 

32 

256 

384 

512 

35 

4 

33 

264 

396 

528 

36 

6 

34 

272 

408 

544 

37 

8 

Example. 

How  many  reams  will  be  required  for  a  12mo  book  containing  408 
pages  ?  Find  the  number  of  pages  (403)  in  the  12ino  column  ;  in  the 
outer  column  on  the  left  of  the  table  the  number  of  forms  (34)  is  seen, 
and  in  the  outer  column  on  the  right  the  quantity  of  paper  required  (3? 
reams,  8  quires)  is  given. 


466 


HOW  TO  BE  YOUR  OWN  LAWYER. 


UNITED  STATES  LAND  MEASURE . 

A  township  has  36  sections,  each  containing  a  square  mile.  In  a  sec¬ 
tion  there  are  640  acres.  A  quarter  section  half  a  mile  square  contains 
160  acres.  An  eighth  section,  half  a  mile  long,  north  and  south,  and  a 
quarter  of  a  mile  wide,  contains  80  acres.  A  sixteenth  section,  a  quarter 
of  a  mile  square,  contains  40  acres. 

The  sections  are  all  numbered  from  1  to  36,  commencing  at  northeast 
corner,  thus : 


6 

5 

4 

3 

2 

N.W.  NE. 

S.W.  S.E. 

7 

8 

9 

10 

11 

12 

18 

17 

16* 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

S6 

*  School  Section. 


The  Sections  are  all  divided  into  quarters,  which  are  named  by  the 
cardinal  points,  as  in  section  1.  The  quarters  are  divided  in  the  same 
way.  The  description  of  a  forty-acre  lot  would  read  as  follows :  The 
south  half  of  the  west  half  of  the  southwest  quarter  of  section  1  in  town 
ship  24,  north  of  range  7  west,  as  the  case  might  be. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


467 


NUMBER  OF  BRICK  REQUIRED  TO  CONSTRUCT  ANY  BUILD¬ 
ING. 


Reckoning  7  brick  to  each  superficial  foot. 


Superficial  feet 
of  wall. 

Number  of  bricks  to  thickness  of 

4  inch. 

8  inch. 

12  inch. 

16  inch. 

20  inch. 

24  inch. 

1 . 

7 

15 

23 

30 

38 

45 

2 . 

15 

30 

45 

60 

75 

90 

3 . 

23 

45 

68 

90 

113 

135 

4 . 

30 

60 

90 

120 

150 

180 

5 . 

38 

75 

113 

150 

188 

225 

6 . 

45 

90 

135 

180 

225 

270 

7 . 

53 

105 

158 

210 

263 

315 

8 . 

60 

120 

180 

240 

300 

360 

9 . 

68 

135 

203 

270 

338 

405 

10 . 

75 

150 

225 

800 

375 

450 

20 . 

150 

300 

450 

600 

750 

900 

80 . 

225 

450 

675 

900 

1,125 

1,350 

40 . 

300 

600 

900 

1,200 

1,500 

1,800 

50 . 

375 

750 

1,125 

1,500 

1,875 

2,250 

60 . 

450 

900 

1,350 

1,800 

2,250 

2,700 

70 . 

525 

1,050 

1,575 

2,100 

2,625 

3,150 

80 . 

600 

1,200 

1,800 

2,400 

3,000 

3,600 

90 . 

675 

1,350 

2,025 

2,700 

3,375 

4,050 

00 . 

750 

1,500 

2,250 

3,000 

3,750 

4,500 

200  . 

1,500 

3,000 

4,500 

6,000 

7,500 

9,000 

300 . 

2,250 

4,500 

6,750 

9,000 

11,250 

13,500 

400 . 

3,000 

6,000 

9,000 

12,000 

15,000 

18,000 

500 . 

3,750 

7,500 

11,250 

15,000 

18,750 

22,500 

600 . 

4,500 

9,000 

13,500 

18,000 

22,500 

27,000 

700 .  ... 

5,250 

10,500 

15,750 

21,000 

26,250 

31,500 

800 . 

6,000 

12,000 

18,000 

24,000 

30,000 

86,000 

900 . 

6,750 

13,500 

20,250 

27,000 

33,750 

40,500 

1000 . 

7,500 

15,000 

22,500 

30,000 

37,500 

45,000 

Important  Information  for  Builders. 

One  thousand  shingles,  laid  4  inches  to  the  weather,  will  cover  100 
square  feet  of  surface,  and  5  pounds  of  shingle-nails  will  fasten  them  on. 

One-fifth  more  siding  and  flooring  is  needed  than  the  number  of  square 
feet  of  surface  to  be  covered,  because  of  the  lap  in  the  siding  and  match 

in  g 


468 


HOW  TO  BE  YOUR  OWN  I  4WYER. 


One  thousand  laths  will  cover  70  yards  of  surface,  and  11  pounds  oi 
lath  nails  will  nail  them  on.  Eight  bushels  of  good  lime,  16  bushels  of 
sand,  and  1  bushel  of  hair,  will  make  enough  good  mortar  to  plaster  100 
square  yards. 

A  cord  of  stone,  3  bushels  of  lime,  and  a  cubic  yard  of  sand,  will  lay 
100  cubic  feet  of  wall. 

Five  courses  of  brick  will  lay  1  foot  in  height  on  a  chimney,  16  bricks 
in  a  course  will  make  a  flue  4  inches  wide  and  12  inches  long,  and  8 
bricks  in  a  course  will  make  a  flue  8  inches  wide  and  16  inches  long. 

Cement,  1  bushel,  and  sand,  2  bushels,  will  cover  3£  square  yards  1 
inch  thick,  4£  square  yards  £  inch  thick,  and  6£  square  yards  }  inch 
thick.  One  bushel  cement  and  1  of  sand  will  cover  2\  square  yards  1  inch 
thick,  3  square  yards  £  inch  thick,  and  4£-  square  yards  £  inch  thick. 


SIZES  OF  NAILS. 

In  the  table  below  will  be  found  the  length  of  various  sizes  of  nails, 
together  with  the  number  of  nails  in  a  pound.  In  making  estimates  for 
work  this  information  will  often  be  found  valuable. 


Number. 

Length  in  inches. 

Nails  per  pound. 

3-penny,  . 

.  1  . 

. 557 

4-penny,  . 

. H . 

. 535 

5-penny, . 

.  if . 

6-penny,  . 

. 2  . 

.  177 

7-penny . 

.  2i . 

. 141 

8-penny, . 

. 2* . 

. 101 

10-penny,  . 

.  2* . 

12-penny,  . 

.  3  . 

20-penny,  . 

.  34 

PRESIDENTIAL  VOTE,  FROM  1824  TO  1885. 


Year. 

Name  of  Candidate. 

Party. 

Popular 

vote. 

Elec. 

vote. 

1824 

Andrew  Jackson  .... 

Democrat . . .  *. . 

155,872 

99 

<« 

John  Q.  Adams . 

Federal . 

105,321 

44,282 

84 

n 

W.  H.  Crawford _ 

Republican . 

41 

tt 

Henry  Clay . . 

a 

46,587 

37 

1828 

Andrew  Jackson  .... 

Democrat . 

647,231 

178 

«< 

John  Q.  Adams . 

Republican . 

509,097 

83 

HOW  TO  BE  YOUR  OWN  LAWYER. 


469 


PRESIDENTIAL  VOTE,  FROM  1824  TO  1885 — CONTINUED. 


Year. 


Name  of  Candidate. 


Party. 


Popular  Elec, 

vote.  vote. 


1832 

<< 

it 

it 

1836 

n 


1840 

a 

1844 

a 

a 

1848 

a 

it 

1853 

n 

a 

1856 

a 

n 

1860 
<  < 

a 

a 

1864 

1868 

1872 

a 

a 

a 

1876 


1880 

a 

a 

1884 


Andrew  Jackson . 

Henry  Clay . 

John  Floyd . 

William  Wirt . 

Martin  Van  Buren. . . 

W.  H.  Harrison . 

Hugh  L.  White . 

Daniel  Webster . 

W.  P.  Mangam . 

Martin  Van  Buren. . . 

W.II.  Harrison . 

J.  G.  Birney . 

James  K.  Polk . 

Henry  Clay . 

J.  G.  Birney . 

Zachary  Taylor . 

Lewis  Cass . 

Martin  Van  Buren. . . 
Franklin  Pierce  .... 

Winfield  Scott . 

John  P.  Hale . 

James  Buchanan  .... 

John  C.  Fremont _ 

Millard  Fillmore . 

Abraham  Lincoln .... 

S.  A.  Douglas . 

J.  C.  Breckenridge. . . 

John  Bell . 

Abraham  Lincoln  ... 
Geo.  B.  McClellan . . . 

U.  S.  Grant . 

Horatio  Seymour  .... 

U.  S.  Grant . 

Horace  Greeley . 

Charles  O’Conor . 

James  Black . 

It.  B.  Hayes . 

Samuel  J.  Tilden - 

Peter  Cooper . 

G.  C.  Smith . 

Scattering . 

James  A.  Garfield  . . . 

W.  S.  Hancock . 

James  B.  Weaver _ 

James  G.  Blaine _ 

Grover  Cleveland. . . . 


Democrat . 

National  Republican 
Whig . 

a 

Democrat . . 

Whig . 

<( 

a 
a 

Democrat . . 

Whig . 

Liberal . 

Democrat . . 

Whig . 

Liberal . 

Whig  .... 
Democrat . . 

Free  Soil. . . 
Democrat . . 

Whig . 

Free  Soil. . . 
Democrat . . 
Republican 
American. . 
Republican. 
Democrat . . 

a 

Union . 

Republican 
Democrat . . 
Republican 
Democrat . , 
Republican 
Liberal  &  Democrat. 

Democrat . 

Temperance . 

Republican  . . . 

Democrat. . . 

Greenback . 

Prohibition . 


Republican 
Democrat . . 
Greenback  . 
Republican 
Democrat . . 


687,502 

530,189 


761,549 

736,656 


1,128,702 

1,275,011 

7,059 

1,337,243 

1,299,068 

62,300 

1,360,099 

1,220,544 

291,263 

1,601,474 

1,386,578 

155,825 

1,838,169 

1,341,262 

874,534 

1,866,352 

1,375,157 

845,763 

589,581 

2,216,067 

1,808,725 

3,015,071 

2,709,613 

3,597,070 

2,834,079 


4,033,295 

4,284,265 

81,737 

9,522 

2,636 

4,454,416 

4,444,952 

308,578 


219 

49 

11 

7 

167 

73 

26 

14 

11 

40 

234 


170 

105 


163 

127 


254 

42 


174 

114 

8 

180 

72 

39 

12 

212 

21 

214 

71 

286 


185 

184 


214 

155 


182 

219 


470 


HOW  TO  BE  YOUR  OWN  LAWYER. 


PRESIDENTS  OF  THE  UNITED  STATES. 


Names. 


George  Washington. 

John  Adams . 

Thomas  Jefferson. . . 

James  Madison . 

James  Monroe . 

John  Q.  Adams _ 

Andrew  Jackson  . . . 
Martin  Van  Buren. . 
Wm.  H.  Harrison  . . 

John  Tyler . 

James  K.  Polk . 

Zachary  Taylor 
Millard  Fillmore  . . . 
Franklin  Pierce 
James  Buchanan  . . . 
Abraham  Lincoln  . . 
Andrew  Johnson  . . . 

U.  S.  Grant . 

R.  B.  Hayes . 

James  A.  Garfield  . . 
C.  A.  Arthur . 


Inaugurated. 

Continued 
in  office. 

Born  in 

Apr.  30,  1789 

8  years . 

Virginia. 

Mar.  4,  1797 

4  “  . 

Massachusetts 

“  4,  1801 

8  “  . 

Virginia. 

“  4,  1809 

8  “  . 

<  i 

“  4,  1817 

8  “  . 

tt 

“  4,  1885 

4  “  . 

Massachusetts 

“  4,  1839 

8  “  . 

8.  Carolina. 

“  4,  1837 

4  “  . 

New  York. 

“  4,  1841 

1  month . 

Virginia. 

Apr.  5,  1841 

3  yrs.,  11  mos. 

<< 

Mar.  4, 1845 

4  years . 

N.  Carolina. 

“  4,  1849 

1  yr.,  4  mos. . 

Virginia. 

July  10,  1850 

2  yrs.,  8  mos. . 

New  York. 

Mar.  4,  1853 

4  years . 

N.  Hampshire. 

“  4,  1857 

4  “  . 

Pennsylvania. 

“  4,  1861 

4  yrs.,  40  days 

Kentucky. 

Apr.  15,  1865 

3  yrs.,  11  mos. 

N.  Carolina. 

Mar.  4,  1869 

8  years  . 

Ohio. 

“  5,  1877 

4  “  . 

n 

"  4,  1881 

6  mo3.,  16  days 

it 

Sept.  22, 1881 

New  York. 

ELECTORAL  VOTES  OF  EACH  STATE. 


1884. 


Alabama . 10 

Arkansas . 7 

California . 8 

Colorado . . . 8 

Connecticut .  6 

Delaware .  3 

Florida . 4 

Georgia . 12 

Illinois . 22 

Indiana . 15 

Iowa . 13 

Kansas . 9 

Kentucky . 13 

Louisiana . .  . .  8 

Maine .  6 

Maryland . 8 

Massachusetts . 14 

Michigan . 13 

Missouri . .16 


Mississippi .  9 

Minnesota .  7 

Nebraska . 5 

Nevada . 3 

New  Hampshire . 4 

New  Jersey  ....  .  9 

New  York . 36 

North  Carolina . 11 

Ohio . 23 

Oregon .  3 

Pennsylvania . 30 

Rhode  Island . -  4 

South  Carolina .  9 

Tennessee . 12 

Texas . .  .13 

Vermont . 4 

Virginia . 12 

West  Virginia . 6 

Wisconsin. .  .  11 


Totals 


401 


HOW  TO  BE  YOUR  OWN  LAWYER. 


471 


TIME  FOR  HOLDING  STATE  AND  TERRITORIAL 


Alabama . 

Arizona  Territory . 

Arkansas . 

California . 

Colorado . 

Connecticut . 

Dakota  Territory . 

Delaware . 

Florida . 

Georgia . 

Idaho  Territory . 

Illinois . 

Indiana . 

Indian  Territory . 

Iowa . 

Kansas . 

Kentucky . 

Louisiana .  . 

Maine . 

Maryland . 

Massachusetts .  . 

Michigan . 

Minnesota . 

Mississippi . 

Missouri . 

Montana  Territory . 

Nebraska . 

Nevada . 

New  Hampshire . 

New  Jersey . 

New  Mexico  Territory. . . 

New  York . 

North  Carolina . 

Ohio . 

Oregon . 

Penns)dvania . 

Rhode  Island . 

South  Carolina . 

Tennessee . 

Texas . 

Utah  Territory . 

Vermont . 

Virginia . 

Washington  Territory. . . 

West  Virginia . 

Wisconsin . 

Wyoming  Territory . 


First  Monday  in  August. 
Tuesday  after  first  Monday  in 
First  Tuesday  in  September. 
Tuesday  after  first  Monday  in 
First  Tuesday  in  October. 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Mondaj^  in 
Tuesday  after  first  Monday  in 
First  Wednesday  in  October. 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
Second  Tuesday  in  October. 
Tuesday  after  first  Monday  in 
First  Monday  in  August. 

First  Monday  in  November. 
Second  Monday  even  years  biei 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
Second  Tuesday  in  October. 
First  Monday  in  June. 
Tuesday  after  first  Monday  in 
First  Wednesday  in  April. 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
First  Monday  in  August. 

First  Tuesday  in  September. 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 
Second  Tuesday  in  October. 
Tuesday  after  first  Monday  in 
Tuesday  after  first  Monday  in 


ELECTIONS 


November. 

November. 

November. 

November. 

November. 

November. 

November. 

November. 

November. 

November. 

November. 


a.  in  September 

November. 

November. 

November. 

November. 

November. 

November. 

November. 

November. 

November. 

November. 

November. 

November. 

November. 

November. 


November. 

November. 

November. 

November. 


November. 

November. 

November. 

November. 


POPULATION,  CAPITALS,  AND  AREA  OF  PRINCIPAL  NATIONS. 


472 


HOW  TO  BE  YOUR  OWN  LAWYER. 


Inhabitants 
to  Square 
Miles. 

2.90 

150.98 

481.71 

4.15 

3.14 

1.35 

111  65 

19.34 

95.31 

9.20 

133.21 

15.19 

4.61 

180.88 

216.62 

289.92 

83.91 

311.57 

246.63 

234.28 

12.66 

20.31 

312.86 

14.71 

3.19 

11.00 

42.11 

125.69 

10.11 

107.17 

84.64 

20.49 

84.55 

20.51 

177.10 

29.10 

6.19 

13.92 

4.06 

Area 

Square 

Miles. 

IPSpil|l!I!l»lPpl«f 

Population. 

Last 

Census. 

Capitals. 

Buenos  Ayres . 

Vienna . 

Brussels . 

La  Paz . 

Rio  de  Janeiro . 

Ottawa . 

Colombo . 

Santiago . 

Pekin . . 

Bogota . 

caTon.h8gen:::::::::::::-":::::::: 

Quito.. . 

Paris . 

Berlin . 

London  . 

Athens  . 

Calcutta .  . 

Rome . 

Yeddo . . . 

Mexico . 

Morocco . . 

S’Gruvenhage . 

Christiania . 

Asuncion . . 

Teheran  . 

Lima . 

Lisbon . . 

St.  Petersburg . 

Bucharest . 

Belgrade . 

Bangkok. .  .  — 

Madrid . . . 

Stockholm . 

Berne . 

Constantinople . 

Montevideo . . 

Washington . 

Caracus .  .. 

COUNTRIES. 

Argentine  Republic . 

Austria,  Hungary . 

Belgium . 

Bolivia . 

Brazil . 

Canada,  Dominion  of . 

Cevlon . 

Chili . 

Chinese  Empire . 

Colombia,  U.  S.  of . 

Denmark  . 

Egypt . 

Equador . 

France .  . 

Germany . 

Great  Britain  and  Ireland . 

Greece  . 

India,  British . 

Italy . 

Japan  . 

Mexico . 

Morocco . 

Netherlands . 

Norway  . 

peaXay.7.7.::::-::::-;::::::::::::: 

Peru . . 

Portugal  . 

Russian  Empire . 

Roumania . 

Servia . 

Siam . 

Spain . 

Sweden . 

Switzerland . 

Turkey . 

Uruguay . 

United  States . 

now  TO  BE  YOUR  OWN  LAWYER, 


473 


474 


HOW  TO  BE  YOUR  OWN  LAWYER. 


RULES  FOR  THE  USE  OF  FARMERS . 

In  buying  and  selling  grain,  hay,  etc.,  the  importance  of  knowing  how 
to  reckon  the  cost  of  the  different  commodities  quickly,  can  scarcely  be 
over-estimated. 

It  is  safe  to  predict  that  the  man  who  understands  the  following  rules 
must  have  a  great  advantage  over  one  who  is  ignorant  in  such  matters. 

To  Reckon  the  Cost  of  Hay. 

Multiply  the  number  of  pounds  by  half  the  price  per  ton ,  and  point  ojf 
three  figures  from  the  right . 

Rules  are  not  always  easy  to  remember  unless  the  reasons  for  their  for¬ 
mation  are  clearly  understood.  The  ton  referred  to  in  this  rule  is  2,000 
pounds.  Dividing  the  price  per  ton  by  two,  it  will  be  seen,  gives  the 
cost  of  1,000  pounds.  If  hay  is  $18  per  ton,  dividing  this  sum  by  two 
gives  us  9  as  the  figure  with  which  to  multiply  the  number  of  pounds. 
The  hay,  then,  costs  9  mills  (.009)  per  pound.  As  we  must  always  point 
off  three  figures  when  multiplying  by  mills,  the  explanation  of  the  rule 
becomes  plain. 

EXAMPLE. 

What  will  be  the  cost  of  981  pounds  of  hay  at  $18  per  ton  ? 

981 

i  of  18  —  9 

$8,829 

When  the  mills  in  the  product  exceed  5  it  is  customary,  in  commercial 
transactions,  to  add  one  to  the  cents  in  the  answer.  The  cost  of  981 
pounds  of  hay,  therefore,  at  $18  per  ton,  would  be  $8.83. 

The  above  rule  can  be  applied  to  any  article  which  is  sold  on  the  basis  of 
2,000  pounds  to  the  ton . 

To  Measure  Grain. 

Jf  the  grain  is  contained  in  a  bin  or  box ,  first  find  the  number  of  cubic 
feet  in  the  space  actually  filled  with  the  grain.  Multiply  the  cubic  feet  by 
8  and  point  off  one  figure  from  the  right. 

The  above  is  an  arbitrary  rule,  there  being  no  particular  reason  for 
dividing  by  8  except  that  such  division  will  produce  a  sum  nearer  the 
actual  contents  than  any  other.  Absolute  accuracy  requires  the  addition 
of  one  extra  bushel  to  every  300  bushels  obtained  by  the  above  rule. 


HOW  TO  EE  YOUE  OWN  LAWYER. 


475 


EXAMPLE. 

Given  a  bin  40  feet  long,  20  feet  wide,  and  10  feet  deep,  full  of  wheat 
How  many  bushels  does  it  contain  ? 

40  x  20  x  1 0  —  8,000  cubic  feet. 

8,000 

8 

6,400.0 

The  above  calculation  shows  that  the  bin  contains  6,400  bushels. 

How  many  bushels  would  a  bin  half  the  above  dimensions,  or  20  feet 
long,  10  feet  wide,  and  5  feet  deep  contain?  20x10  x5=-l, 000  cubic 
feet.  1,000x8=800.0.  Pointing  off  one  figure  from  the  right  we  havo 
the  answer,  800  bushels. 

At  first  glance  it  may  appear  impossible  that  a  bin  only  twice  as  large 
in  every  direction  as  the  above  (see  first  example)  should  contain  eight 
times  more  grain.  The  following  diagram  will  explain  the  matter  fully  : 


It  will  be  seen  from  a  careful  inspection  of  the  above  diagram  that 
exactly  8  bins,  20x10x5,  can  be  constructed  in  the  space  occupied  by  a 
bin  40x20x10. 

In  measuring  corn  in  the  ear,  when  stored  in  bins,  the  number  of 
bushels  should  be  divided  by  2  to  get  at  the  number  of  bushels  of  shelled 
corn,  because  it  takes  two  bushels  of  corn  in  the  ear  to  make  a  bushel  of 
shelled  corn. 

How  to  Measure  Land . 

Where  it  is  only  desired  to  approximate  the  number  of  acres  in  a  field, 
the  distances  can  be  paced  off  and  a  result  sufficiently  accurate  for  many 
purposes  obtained.  Almost  any  man  can  train  himself  easily  to  step  a 
yard,  or  three  feet,  and  by  walking  across  a  field  in  a  straight  line  both 
ways,  and  counting  the  steps,  the  data  for  calculating  the  number  of 
acres  can  be  quickly  obtained.  By  multiplying  the  number  of  steps  oi 


47G 


IlOW  TO  BE  YOUR  OWN  LAWYER. 


yards  of  the  length  and  breadth  of  a  piece  of  land  together  we  get  the 
square  yards  it  contains,  and  this  result  can  easily  be  reduced  to  rods 
and  acres. 

Rule. — Multiply  the  length  by  the  breadth  and  the  product  is  the  area . 

EXAMPLE. 

Find  the  number  of  square  yards  in  a  piece  of  land  320  yards  long  and 
250  yards  wide. 

320 

250 


16000 

640 

Answer,  80,000  square  yards. 

By  the  table  of  square  measure,  on  page  481,  we  find  that  there  are 
4,840  square  yards  in  an  acre.  Divide  80,000  by  4,840  and  the  result  is 
the  number  of  acres  in  a  tract  of  land  320  yards  long  and  250  yards  wide. 

To  Measure  Pieces  of  Land  of  Irregular  Shape. 

Add  the  narrowest  distance  in  length  to  the  longest  distance  in  length  and 
divide  by  2  to  get  the  average  length .  Then  add  the  narrowest  distance  in 
breadth  to  the  longest  distance  in  breadth  to  get  the  average  breadth.  After 
this ,  multiply  the  average  length  by  the  average  breadth  and  the  product 
will  be  the  area . 

EXAMPLE. 

Find  the  number  of  square  yards  in  the  irregular  piece  of  land  indi¬ 
cated  by  diagram  below  : 

40  Yards. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


477 


25  +  15=40-1-2=20  average  breadth. 

40  +  60=100  -j-2  ==•  50  average  length. 

50  X  20=1,000  square  yards. 

To  Tina  How  Many  Rods  in  Length  Will  Make  an  Acre,  the  Width 
Being  Given. 

Divide  160  by  the  width  and  the  quotient  will  be  the  answer . 

EXAMPLE. 

If  a  piece  of  land  be  4  rods  wide,  how  many  rods  in  length  will  be 
required  to  make  an  acre  ? 

16Q  -:-4=40  rods,  the  answer. 


RULES  FOR  MECHANICS. 

To  Lay  Off  a  Square  Corner. 

From  the  end  of  one  sill,  A,  measure  off  eight  feet  to  B.  Next  meas¬ 
ure  off  six  feet  on  the  sill  lying  at  right  angles  with  the  first,  from  A  to  C. 
Then  lay  on  a  ten-foot  pole  one  end  of  it,  square  with  the  first  point, 
marked  B.  Move  the  other  sill  in  or  out  until  the  second  point,  marked 
C,  exactly  squares  with  the  other  end  of  the  pole. 


C 

Measure  of  Superfees  and  Solids. 


Superficial  measure  is  that  which  relates  to  length  and  breadth  only, 
not  regarding  thickness.  It  is  made  up  of  squares,  either  greater  or  less, 
according  to  the  different  measures  by  which  the  dimensions  of  the  figure 
are  taken  or  measured. 


478 


HOW  TO  BE  YOBS  OWN  LAWYER. 


Land  is  measured  in  this  way,  its  dimensions  being  taken  in  inches, 
feet,  and  yards,  or  links,  rods,  and  acres. 

The  contents  of  boards,  also,  are  found  in  this  way,  their  dimensions 
being  taken  in  feet  and  inches. 

The  standard  of  measure  is  as  follows  :  12  inches  in  length  make  one 
foot  of  long  measure ;  therefore,  12  x  12  —  144,  the  square  inches  in  a 
superficial  foot. 

EXAMPLES. 

If  the  floor  of  a  room  is  40  feet  long  by  24  feet  wide,  how  many  square 
feet  are  contained  in  it  ? 

40  x  24  =  960  square  feet,  the  answer. 

If  a  board  is  4  inches  wide,  how  long  must  it  be  to  contain  a  square 
foot  ? 

Divide  144  (square  inches  in  a  foot)  by  4  =  36. 

If  a  board  is  16  feet  long  and  14  inches  wide,  how  many  square  feet 
does  it  contain  ? 

Multiply  the  length  in  feet  by  the  breadth  in  inches  and  divide  the  product 
by  12. 

16  x  14=224  ~  12  =  18f  square  feet. 

To  Find  the  Board  Measure  of  Planks,  Joist,  or  Square  Timber. 

Find  the  square  contents  of  one  side  of  the  piece  to  be  measured  by  the 
f  oregoing  rule  and  multiply  the  result  by  the  thickness  in  inches. 

EXAMPLE. 

What  is  the  board  measure  of  a  plank  18  feet  long,  10  inches  wide, 
and  4  inches  thick  ? 

18  x  10  =  180  12  =  15  x  4  —  60.  Answer  in  square  feet. 

Measuring  Timber . 

To  find  the  solid  contents  in  feet: 

Multiply  the  depth  in  inches  by  the  width  in  inches;  then  multiply  by  the 
length  in  feet  and  divide  by  144. 

EXAMPLE. 

How  many  solid  feet  in  a  piece  of  timber  24  inches  wide,  10  inches 
thick,  and  12  feet  long  ? 

24  x  10  =  240  x  12  =  2,880  144  =  20  feet,  the  answer. 


HOW  TO  BE  YOUR  OWN  LAWYER. 


479 


To  Find  the  Number  of  Feet  of  Timber  in  Trees  with  the  Bark  on. 

Multiply  the  square  of  one-fifth  of  the  circumference  in  inches  by  twice  th6 
length  in  feet ,  and  divide  by  144.  Deduct  to  T^,  according  to  the  thick • 
ness  of  the  bark. 

EXAMPLE. 

How  many  feet  in  the  trunk  of  a  tree  72  feet  long  and  15  feet  in  cir¬ 
cumference  ? 

15  x  12  =»  180  36  x  36  — 1,296,  the  square  of  |  the  circumference  in 

inches. 

72  x  2  *=  144  x  1,296  =  186,624  -f- 144  =  1,296  feet,  the  answer. 


WEIGHTS  AND  MEASURES. 

Troy  Weight. 

By  this  weight  gold,  silver,  platina,  and  precious  stones  (except  dia¬ 
monds)  are  estimated. 

20  mites . 1  grain.  I  20  pennyweights . 1  ounce. 

24  grains . 1  pennyweight.  |  12  ounces . 1  pound. 

Pure  gold  is  24  carats  fine.  The  U.  S.  standard  for  gold  coin  is  nine- 
tenths  pure  gold. 

The  term  carat  is  also  applied  to  a  weight  of  3£  grains  troy,  used  in 
weighing  diamonds  ;  it  is  divided  into  4  parts  called  grains  ;  3-J-  grains 
troy  are  thus  equal  to  4  grains  diamond  weight. 


Apothecaries'  Weight. 

The  pound  and  ounce  of  this  weight  are  the  same  as  the  pound  and 
ounce  of  troy,  but  differently  divided. 

20  grains  troy . 1  scruple. 

3  scruples . 1  drachm. 

8  drachms . 1  ounce  troy. 

12  ounces . 1  pound  troy. 


Avoirdupois  Weight. 

By  this  weight  all  goods  are  sold  except  those  named  under  troy 
weight. 

27J!  grains . 1  drachm 

16  drachms . . 1  ounce. 


480  HOW  TO  BE  YOUR  OWN  LAWYER. 

16  ounces . 

.1  pound. 

25  pounds . 

.1  quarter. 

4  quarters . 

.1  hundredweight 

20  hundredweight. 

.1  ton. 

Apothecaries’  Fluid  Measure. 

60  minims . 

8  fluid  drachms  . 

16  ounces  (troy). . . 

8  pints . 

Dry  Measure. 

4  gills . 

2  gallons . 

2  pints . 

4  pecks,  or  8  gallons. .  .1  bushel. 

4  quarts . 

36  bushels . 

Liquid  or  Wine  Measure. 

4  gills  (gil.)  make  1  pint . 

2  pt. 

1  quart . 

4  qt. 

1  gallon . 

. gal. 

81*  gal. 

1  barrel . 

. bbl. 

2  bbl. 

1  hogshead . 

. hhd. 

The  U.  S.  wine  gaUon  contains  231  cubic  inches. 

Long  Measure , 


12  inches . 1  foot. 

3  feet . 1  yard. 

5£  yards . 1  rod,  pole,  or  perch 

40  poles . 1  furlong. 


8  furlongs,  or  1,760  yards . 1  mile. 

Surveyors’  Long  Measure . 

7.92  inches  (in.)  make  1  link . 1. 


25 

1. 

1  rod  or  pole . 

4 

rd.,  or  66  ft.  “ 

1  chain . 

80 

ch.  “ 

1  mile . 

Surveyors’  Square  Measure . 

Used  by  surveyors  in  computing  the  area  or  contents  of  land. 

625  square  links . , . 1  pole. 

16  poles .  . 1  square  chain 


HOW  TO  BE  YOUR  OWN  LAWYER.  481 


10  square  chains . 1  acre. 

640  acres .  . 1  square  mile. 

36  square  miles  (6  miles  square) . 1  township. 

Square  Measure. 

144  square  inches . 1  square  foot. 

9  square  feet  . 1  square  yard. 

30 i  square  yards . 1  square  rod  or  perch 

40  square  rods . 1  rood. 

4  roods . 1  acre. 

640  acres . 1  square  mile. 


CAPACITY  OF  BINS  AND  BOXES . 


Length. 

Breadth. 

Depth. 

Bushels. 

5  ft . 

. 3  ft . 

.will  contain. . . . 

5  “ . 

....3  " 

tt 

tt 

. 36 

5  “ . 

....4  “ 

a 

tt 

7  “ . 

. 5  “ . 

a 

tt 

. 100 

9  “ . 

a 

tt 

. . 216 

13  “ . 

. 8  “ . 

....6  ft. 

tt 

tt 

. 500 

A  box  twenty-six  by  fifteen  and  a  half  inches  square,  and  eight  inches 
deep,  will  contain  a  bushel. 

A  box  twelve  inches  by  eleven  and  a  half  inches  square,  and  nine 
inches  deep,  will  contain  a  half  bushel. 

A  box  eight  by  eight  inches  square,  and  eight  inches  deep,  will  con¬ 
tain  a  peck. 

A  box  eight  by  eight  inches  square,  and  four  and  one-eighth  inches 
deep,  will  contain  one  gallon. 

A  box  seven  by  eight  inches  square,  and  four  and  one-eighth  inches 
deep,  will  contain  a  half  gallon. 

A  box  four  by  four  inches  square,  and  four  and  one-fourth  inches 
deep,  will  contain  a  quart. 

A  box  twenty-four  inches  by  sixteen  inches  square,  and  twenty-eight 
inches  deep,  will  contain  a  barrel. 

A  box  four  feet  eight  inches  long,  two  feet  four  inches  wide,  and  two 
feet  four  inches  in  depth,  will  contain  twenty  bushels. 

21 


*82 


HOW  TO  BE  YOUR  OWN  LAWYER. 


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484 


HOW  TO  BE  YOUK  OWN  LAWYEK. 


POPULATION  OF  EVERY  STATE  AND  TERRITORY,  ETC. 


United  States  Census  of  1880. 


STATES. 

Popula¬ 

tion. 

Area  in 
Square 
Miles. 

Electoral 

Vote. 

Alabama . 

nil 

50,722 

52,198 

188,981 

104,500 

4,674 

2,120 

59.268 

10 

Arkansas . 

7 

California  . . 

8 

Colorado  . 

3 

Connecticut . 

6 

Delaware . 

146,654 

267,351 

1,539,048 

3,078,769 

1,978,362 

1,624,620 

3 

Florida . . . 

4 

Georgia . 

ISililsmiSi 

12 

Illinois . 

22 

Indiana . 

15 

Iowa. . 

13 

Kansas . 

995,966 

9 

Kentucky . 

1,648,708 

940,103 

648,945 

934,632 

1,783,012 

1,636,331 

780,806 

1,131,592 

2,168,804 

452,433 

62,265 

13 

Louisiana . 

8 

Maine . 

6 

Maryland . 

8 

Massachusetts . 

14 

Michigan . 

13 

Minnesota . .  . 

7 

Mississippi . 

9 

Missouri . 

16 

Nebraska . 

75,995 

112,090 

9,280 

8,320 

47,000 

59.794 

39,964 

95,244 

46,000 

1,306 

29,385 

45,600 

237,544 

10,212 

40,994 

23,000 

58,924 

5 

Nevada . . 

3 

New  Hampshire . 

346.984 

4 

New  Jersey . 

1,130,983 
5,083,810 
1,400,047 
3,198,239 
174,767 
4,282,786 
276,528 
995  622 

9 

New  York . 

36 

North  Carolina . . 

11 

23 

Ohio . 

Oregon . . 

3 

Pennsylvania . 

30 

Rhode  Island . 

4 

South  Carolina . 

9 

Tennessee . 

1,542,463 
1,592,574 
332  286 

12 

Texas  . 

13 

4 

Vermont  . 

Virginia . 

1,512^806 
618  443 

12 

g 

West  Virginia . 

Wisconsin .  . 

1,315,480 

li 

Total  of  States . 

District  of  Columbia . 

49,369,595 

177,638 

2,054,666 

60 

401 

TERRITORIES. 

Arizona . 

Dakota  ..  . . .  . 

40,441 
135,180 
32.61 1 
39.157 
118,430 
143,906 

75  120 

113,916 
147.490 
90.932 
143,776 
121,201 
8),< '56 

Idaho  . 

•  •  • 

Mom  ana. . . 

•  •  • 

New  Mexico . 

. . . 

Utah  . .  . 

Washington . . 

fi'l'Qdi 

Wyoming . . 

20,788 

... 

1)3,107 

. . . 

Total  United  States . 

50,152,866 

2.915,048 

*• 

HOW  TO  BE  TOUR  OWN  LAWYER. 


485 


ADMISSION,  SQUARE  MILES,  ETC.,  OF  VARIOUS  STATES. 


Year  of 
Settlement. 

States. 

Area  in 
Square  Miles. 

Admitted  to  the 
Union. 

1565 

Florida . 

59,268 

March  3,  1845. 

June  26,  1788. 

1607 

Virginia* . 

38,348 

1614 

New  York* . 

47,000 

June  26,  1788. 

1620 

Massachusetts* . 

7,800 

February  6,  1788. 

1623 

New  Hampshire*. . . 

9,280 

dune  21,  1788. 

1634 

New  Jersey* . 

8,320 

December  18,  1787. 

1625 

Maine .  .... 

35,000 

March  4,  1820. 

162? 

Delaware* . 

2,120 

December  7,  1787. 

1633 

Connecticut* . 

4,750 

January  9,  1788. 

1634 

Maryland* . 

11,124 

April  28,  1788. 

1636 

Rhode  Island* . 

1,300 

May  29,  1790. 

1663 

North  Carolina*. . . . 

50,704 

November  21,  1789. 

1669 

Wisconsin . 

53,924 

March  3,  1848. 

1670 

Michigan . 

56,451 

June  26,  1837. 

1670 

South  Carolina*. . . . 

34,000 

May  23,  1788. 

1682 

Pennsylvania* . 

46,000 

December  12,  1787. 

1685 

Arkansas . 

52,198 

June  15,  1836. 

1690 

Texas . 

274,356 

December  29,  1845. 

1690 

Indiana . 

33,809 

December  11,  1816. 

1699 

Louisiana . 

41,346 

April  8,  1812. 

1711 

Alabama . . 

50,722 

December  4, 1818. 

1716 

Mississippi . 

47,156 

December  10, 1817. 

1720 

Illinois . 

55,410 

December  3, 1818. 

1725 

Vermont . 

10,212 

March  4,  1791. 

1733 

Georgia* . 

58,000 

January  2,  1788. 

1757 

Tennessee . 

45,600 

June  1,  1796. 

1764 

Missouri . 

65,350 

March  2,  1821. 

1769 

California . 

158,281 

September  9,  1850. 

1775 

Kentucky . 

37,680 

June  1,  1792. 

1788 

Ohio . 

39,964 

November  30, 1802. 

1811 

Oregon . 

95,274 

February  14,  1859. 

1833 

Iowa . 

55,045 

December  28, 1846. 

1846 

Minnesota . 

83,531 

February  26,  1858. 

1850 

Kansas . 

81,318 

January  29, 1861. 

1860 

Nevada . 

104,125 

March  21,  1864. 

— 

West  Virginia _ 

23,000 

December  31, 1863. 

— 

Nebraska . 

75,995 

March  1,  1867. 

— 

Colorado . 

104,500 

July  4,  1876. 

*  One  of  the  thirteen  original  States. 

CENSUS  OF  THE 

UNITED  STATES. 

1st.  1790 _ 

.  8,929,328 

6th.  1840  . . . 

.  ..17,069,453 

. 23,191,87G 

2d.  1800.... 

.  5,305,925 

7th.  1850... 

3d.  1810.... 

.  7,239,814 

8th.  I860... 

. 31,443,321 

4th.  1820.... 

9th.  1870... 

. . 38,558,371 

5th.  1830 - 

10th.  1880... 

. 50,152,866 

486 


HOW  TO  BE  YOUE  OWN  LAWYER, 


AREA  AND  ORGANIZATION  OF  TERRITORIES. 


ORGANIZED. 

New  Mexico,  1850 
Utah,  1850 

W  ashington,  1 853 
Dakota,  1861 
Arizona,  1863 
Idaho,  1863 


SQUARE  MILES. 
121,201 
84,476 
69,994 
150,932 
113,916 
86,294 


ORGANIZED.  SQUARE  MILESL 


Montana, 

1864 

143,776 

Wyoming, 

1868 

97,833 

Indian, 

1834 

68,991 

Alaska, 

1868 

577,390 

D.  Columbia, 

1790 

64 

The  whole  area  of  the  States  and  Territories,  including  water  surface 
of  lakes  and  rivers,  is  nearly  equal  to  four  millions  of  square  miles. 


RATE  OF  ANNUAL  INCOME  ON  INVESTMENTS. 

PAR  YALUE  BEING  $100,  BEARING  INTEREST  AT 


Price  Paid. 

Five 

Per  cent. 

Six 

Per  cent. 

Seven 

Per  cent. 

Eight. 

Per  cent. 

Ten 

Per  cent. 

$50 

10.00 

12.00 

14.00 

16.00 

20.00 

55 

9.09 

10.90 

12.72 

14.55 

18.18 

60 

8.33 

10.00 

11.66 

13.33 

16.66 

65 

7.69 

9.23 

10.76 

12.30 

15.38 

70 

7.14 

8.57 

10.00 

11.42 

14.28 

75 

6.66 

8.00 

9.33 

10.66 

13.35 

80 

6.25 

7.50 

8.75 

10.00 

12.50 

82* 

6.06 

7.27 

8.48 

9.69 

11.12 

85 

5.88 

7.05 

8.23 

9.41 

11.76 

871 

5.71 

6.85 

8.00 

9.14 

11.42 

90“ 

5.55 

6.66 

7.77 

8.88  . 

11.11 

92* 

5.40 

6.48 

7.56 

8.64 

10.80 

95 

5.26 

6.31 

7.36 

8.42 

10.52 

96 

5.20 

6.25 

7.29 

8.33 

10.41 

97 

5.15 

6.18 

7.21 

8.24 

10.30 

97* 

5.12 

6.15 

7.17 

8.20 

10.25 

98 

5.10 

6.12 

7.14 

8.16 

10.20 

99 

5.05 

6.06 

7.07 

8.08 

10.10 

100 

5.00 

6.00 

7.00 

8.00 

10.00 

101 

4.95 

5.94 

6.93 

7.92 

9.90 

102 

4.90 

5.88 

6.86 

7.84 

9.80 

103 

4.85 

5.82 

6.79 

7.76 

9.70 

104 

4.80 

5.76 

6.73 

7.69 

9.61 

105 

4.76 

5.71 

6.66 

7.61 

9.52 

110 

4.54 

5.45 

6.36 

7.27 

9.09 

115 

4.34 

5.21 

6.08 

6.95 

8.69 

120 

4.16 

5.00 

5.83 

6.66 

8.33 

125 

4.00 

4.80 

5.60 

6.40 

8.00 

130 

3.84 

4.61 

5.38 

6.15 

7.69 

135 

3.70 

4.44 

5.18 

5.92 

7.40 

140 

3.57 

4.28 

5.00 

5.71 

7.14 

145 

3.44 

4.13 

4.82 

5.51 

6.89 

150 

3.33 

4.00 

4.66 

5.33 

6.66 

HOW  TO  EE  YOUR  OWN  LAWYER. 


487 


RESULTS  OF  SAVING  SMALL  AMOUNTS  OF  MONEY. 


The  following  shows  how  easy  it  is  to  accumulate  a  fortune,  provided 
proper  steps  are  taken.  The  table  shows  what  would  be  the  result  at  the 
end  of  fifty  years  by  saving  a  certain  amount  each  day  and  putting  it  at 
interest  at  the  rate  of  six  per  cent.  : 


Daily  Savings. 

One  cent . 

Ten  cents 
Twenty  cents  . . 
Thiri y  cents 

Forty  cents . 

Fifty  cents . 


The  Result. 

.  $950 

.  9,504 

. 19.006 

. 28,512 

. 38,015 

....  47,510 


Daily  Savings. 

Sixty  cents . 

Seventy  cents. . . 
Eighty  cents. . . . 

Ninety  cents _ 

One  dollar . 

Five  dollars . 


The  Result. 
....  $57,<24 

.  66,528 

.  76/32 

.  85.537 

. 95,(41 

. 475,208 


Nearly  every  person  wastes  enough  in  twenty  or  thirty  years,  which, 
if  saved  and  carefully  invested,  would  make  a  family  quite  independent ; 
but  the  principle  of  small  savings  has  been  lost  sight  of  in  the  general 
desire  to  become  wealthy. 


CUBIC  FEET  OF  HAY  IN  A  TON. 

No  exact  rule  can  be  given  for  measuring  hay  in  bulk ;  the  rules  are 
as  various  as  the  kinds  of  hay,  its  condition,  and  the  amount  of  pressure 
to  which  it  has  been  subjected.  The  rules  for  hay  in  general  use  are  as 


follows  for  a  ton  : 

Timothy,  a  year  in  mow  or  stack .  500  cubic  feet. 

Timothy,  from  the  bottom  of  stack .  400  “  “ 

Timothy,  newly  stacked .  700  “  “ 

Clover,  stacked  for  some  months .  700  “  “ 

Clover,  new .  900  “  “ 

Timothy  and  Clover,  old  stacked .  600  “  “ 

Timothy  and  Clover,  new .  800  “  “ 

Common  meadow-hay,  old .  800  “  “ 

Common  meadow-hay,  new .  1,000  “  “ 


To  Estimate  the  Amount  of  Hay  in  a  Stack. 

Multiply  the  area  of  the  base  by  one-third  of  the  perpendicular  height, 
this  will  give  the  number  of  cubic  feet  in  the  stack.  Five  hundred  cubic 
feet  of  hay  packed  under  ordinary  circumstances  are  generally  allowed 
for  one  ton.  Then  divide  the  number  of  cubic  feet  by  500,  and  you 
have  the  number  of  tons.  In  a  square  mow,  the  number  of  cubic  feet 
is  found  by  multiplying  the  length,  width,  and  depth  (in  feet),  together 
The  Government  standard  for  a  ton  is  422  cubic  feet. 


488 


HOW  TO  BE  YOUR  OWN  LAWYER, 


PRICES  OF  COMMODITIES  FOR  FIFTY-THREE  YEARS - 
7825-77. 

Showing  the  average  price  of  the  articles  named,  in  the  New  York  market,  in  tl* 
month  of  January  in  each  year. 


YEAR. 

Beef 

Mess. 

Butter. 

Wheat. 

Corn. 

Flour, 

Western. 

Hams. 

bbl. 

lb. 

bush. 

bush. 

bbl. 

lb. 

1825  . 

8.7S 

.15 

1.01 

.42 

5.13 

.09* 

1826  . 

9.16 

.151 

.90 

.74 

4.80 

.09* 

1827  . 

9.02 

.171 

.93 

.76 

5.14 

.104 

1828  . 

9.14 

.15* 

1.15 

.57 

5.58 

.094 

1829  . 

9.21 

.13* 

1.63 

.59 

6.45 

.09* 

1830  . 

8.99 

.134 

1.64 

.54 

4.93* 

.09* 

1831 . 

8.50 

.14* 

1.25 

.58* 

5.71 

.10* 

1832  . 

9.46 

.15* 

1.26 

.75 

5.76* 

.09.} 

1833  . 

9.38 

.154 

1.19* 

.81* 

5.56* 

.09* 

1834 . 

9.17 

.14 

1.06 

.504 

4.93 

.09* 

1835  . 

11.08 

.174 

1.05 

.74 

5.864 

.Of)* 

1836  . 

10  97 

.194 

1.78 

.904 

7.494 

.12* 

1837  . 

13.49 

.19 

1.774 

1.C6 

9.14 

.12* 

1838  . 

14.70 

.20 

1.92 

.86 

7.96 

.12* 

1839  . . 

14.81 

.19 

1.244 

.92 

7.30 

.11 

1840  . 

13.02 

.174 

1.06 

.594 

5.29* 

.10 

1841 . 

9.01 

.114 

1.03 

.52 

5.58* 

.07* 

1842  . 

7.39 

.11* 

1.25 

.67 

5.57 

.06* 

1843  . 

7.15 

.084 

.884 

.594 

4.85* 

.08 

1844  . 

5.62 

.10* 

1.00 

.43 

4.67 

.09 

1345  . 

8.21 

.134 

1.024 

.51* 

4.93* 

.06 

1346  . 

7.54 

.13 

1.31 

.74 

5.06 

.064 

1847  . 

11.44 

.16 

1.02* 

.80 

6.68* 

.10* 

1348  . 

9.8S 

.16 

1.25 

.77 

5.96 

.07* 

1349  . 

11.68 

.15 

1.224 

.64* 

5.51 

.08* 

1850  . 

9.08 

.15* 

1.25 

.61 

5.55 

.08 

1851 . 

8.86 

.14* 

1.20 

.644 

4.52 

.08 

1852  . 

10.72 

.18* 

1.09 

.704 

5.00 

.09* 

1S53 . 

8.87 

.18 

1.32 

.68* 

5.78 

.OS* 

1854  . 

10.94 

.194 

2.04 

.82* 

8.89* 

.07* 

1855  . 

11.47 

.22* 

2.57 

1.01 

8.76 

.08* 

1856  . 

8.57 

.22* 

2.14 

.93 

6.42 

.09 

1857  . . 

12.87 

.224 

1.75 

.734 

5.784 

.104 

1853  . 

10.48 

.184 

1.37 

.61 

4.294 

.08* 

1859  . 

7.59  v 

.19 

1.40 

.80* 

4.11 

.08* 

1860  . 

9.00 

.16 

1.45 

.91* 

4.30 

.094 

1S61 . 

6.00 

.14 

1.44 

.73 

5.35 

.08 

1862  . 

5.50 

.15 

1.38 

.67 

5.50 

.06 

1863  . 

12.00 

.22 

1.53 

.75 

6.05 

.08 

1864  . 

14.00 

.24 

1.824 

1.26 

7.00 

.11 

1865  . 

20.50 

.45 

1.85 

1.95 

10.00 

.20 

1866  . 

20.00 

.30 

1.874 

.95* 

8.75 

.16} 

1867  . 

18.00 

.30 

3.00 

1.16* 

11.00 

.12* 

1868  . 

32.00 

.45 

2.45 

1.20 

9.55 

.12 

1869  . 

28.00 

.40 

1.70 

.90 

6.00 

.15* 

1870  . 

27.00 

.30 

1.30 

1.12 

4.85 

.15 

1871 . 

27.00 

.20 

1.42 

.80 

6.25 

.11 

1872  . 

21.00 

.15 

1.50 

.78 

6.40 

.09* 

1873  . 

21.00 

.16 

1.67 

.66 

6.25 

.09* 

1374  . 

22.00 

.27 

1.65 

.84 

6.00 

.10 

1875  . 

21.00 

.29 

1.25 

.97 

4.50 

.11 

1376  . 

23.00 

.26 

1.30 

.71 

4.85 

.12} 

1877  . 

20.00 

.28 

1.47 

.59 

5.50 

.10* 

HOW  TO  BE  YOUR  OWN  LAWYER, 


489 


WEIGHT  OF  A  LINEAL  FOOT  OF  FLAT  BAR  IRON,  IN  POUNDS. 

BIRMINGHAM  GAUGE. 


Breadth 


Thickness  in  Fractions  op  Inches. 


in 

Inches. 

5-16 

H 

7-16 

ft 

ft 

X 

ft 

1 

1 

.83 

1  04 

1.25 

1.46 

1.67 

2.08 

2.50 

2,92 

3.34 

n 

.93 

1.17 

1.40 

1.64 

1.87 

2.34 

2.81 

3.28 

3.75 

H 

1.04 

1.30 

1  56 

1.82 

2.08 

2.60 

3.13 

3.65 

4.17 

H 

1.14 

1  43 

1  72 

2.00 

2.29 

2.87 

3.44 

4.01 

4.59 

n 

1.25 

1.56 

1.87 

2.19 

2.50 

3.13 

3.75 

4.33 

5.00 

n 

1.85 

1.69 

2.03 

2.37 

2.71 

3.39 

4.07 

4.70 

5.43 

ii 

1.46 

1.82 

2.19 

2.55 

2.92 

3.65 

4.38 

5.11 

5.84 

u 

1  56 

1.95 

2.34 

2.74 

3.13 

3.91 

4.69 

5.47 

6.26 

2 

1.67 

2.08 

2.50 

2.92 

3  34 

4.17 

5.01 

5.86 

6.68 

H 

1.77 

2.21 

2.66 

3.10 

3  55 

4.43 

5.32 

6.21 

7.10 

21 

1.87 

2  34 

2  81 

3.28 

8.76 

4  69 

5.63 

6.57 

7.52 

21 

1.98 

2.47 

2.97 

3.47 

3.96 

4.95 

5.95 

6.94 

7.93 

21 

2.08 

2.60 

3.13 

3.65 

4.17 

5.21 

6.26 

7.30 

8.35 

2i 

2.19 

2.74 

3  28 

3.83 

4.38 

5.47 

6.57 

7.67 

8.77 

21 

2  29 

2.87 

3  44 

4.01 

4.59 

5.74 

6.88 

8.03 

9.18 

21 

2  40 

3  00 

3.60 

4.20 

4.80 

6.00 

7.20 

8.40 

9.60 

3 

2.50 

3.13 

3.75 

4.38 

5.01 

6.26 

7.51 

8.76 

10.02 

31 

2.71 

3.39 

4.07 

4.74 

5.43 

6.78 

8.14 

9.49 

10.86 

31 

2.92 

3.65 

4.38 

5.11 

5.84 

7.30 

8.76 

10.23 

11.69 

31 

3.13 

3.91 

4.68 

5.47 

6.26 

7.82 

9.39 

10.95 

12.52 

4 

3.34 

4.17 

5.00 

5.84 

6.68 

8  35 

10.02 

11.69 

13.36 

41 

3.54 

4.43 

5.32 

6  21 

7. 09 

8.87 

10.64 

12.42 

14.19 

41 

3.75 

4.69 

5.63 

6  57 

7.51 

9.39 

11.27 

13.15 

15.03 

41 

3.06 

4.95 

6.94 

6.94 

7.93 

9.91 

11.89 

13.88 

15.86 

5 

4.17 

5.21 

6  26 

7  30 

8.35 

10.44 

12.52 

14.61 

16.70 

51 

4.38 

5.47 

6  57 

7  67 

8.76 

11.96 

13.14 

15.34 

1753 

51 

4.59 

5.73 

6.88 

8.03 

9.18 

11.48 

13.77 

16.07 

18.37 

51 

4.80 

6.00 

7.20 

8.40 

9.60 

12.00 

14.40 

16.80 

19.20 

6 

5.01 

6.25 

7.51 

8.76 

10.02 

12.53 

15.03 

17.53 

20.05 

YARDS  OF  IRON  WIRE  TO  THE  BUNDLE. 

All  Wires  Weigh  63  Lbs.  Per  Bundle. 


Wire 

Yards  in 

Wire 

Gauge. 

Bundle. 

Gauge. 

No.  0 . 

. .  71 

No.  11 . 

44  1 . 

“  12. 

14  2 . 

.  105 

44  13 

“  3 . 

.  121 

44  14 

44  4 

44  15. 

44  5  . 

44  16. 

44  6  . 

44  17. 

44  7  . 

44  18. 

44  8  . 

.  286 

44  19 

‘4  3 . 

44  20 

44  10 . 

Yards  in 
Bundle. 
....  529 

. . . .  700 

. . . .  893 

....  1,142 
....  1,468 
....  1,954 
....  2,540 
....  3,150 
....  4,085 
....  4,912 


21* 


490 


HOW  TO  BE  YOTTR  OWN  LAWYER, 


NUMBER  OF  WINDOW  LIGHTS  PER  BOX  OF  50  FEET. 


Size 

Numb. 

Size. 

Numb. 

Size 

Numb. 

6 

by 

8.... 

. 150 

13 

by 

24.... 

. 23 

16 

by 

60.... 

.  8 

7 

u 

9... 

. 115 

13 

tt 

26.... 

. 21 

18 

tt 

20.... 

. 20 

8 

tt 

10.... 

.  90 

13 

tt 

28.... 

. 20 

18 

tt 

22.... 

. 18 

8 

(( 

11.... 

.  82 

13 

tt 

30.... 

. 19 

18 

tt 

24.... 

. 17 

8 

It 

12.... 

.  75 

13 

tt 

32.... 

. 17 

18 

tt 

26.... 

. 16 

9 

tt 

11.... 

.  73 

14 

tt 

15.... 

18 

tt 

28..., 

. 14 

9 

tt 

12.... 

.  67 

14 

tt 

16.... 

. 32 

18 

tt 

30.... 

. 14 

9 

tt 

13.... 

.  62 

14 

tt 

17.... 

. 31 

18 

tt 

32.... 

. 13 

9 

tt 

14.... 

.  57 

14 

tt 

18.... 

. 29 

18 

tt 

34.... 

. 12 

9 

“ 

15.... 

.  53 

14 

tt 

20.... 

. 26 

18 

tt 

36.... 

. 11 

9 

tt 

16.... 

. 50 

14 

tt 

22. . . . 

. 24 

18 

tt 

38.... 

. 11 

9 

tt 

18.... 

. 45 

14 

tt 

24.... 

. 22 

18 

tt 

40.... 

. 10 

10 

tt 

12.... 

.  60 

14 

tt 

26. . . . 

. 20 

18 

tt 

42.... 

. 10 

10 

tt 

13.... 

. 55 

14 

tt 

28.... 

. 19 

18 

tt 

44.... 

.  9 

10 

tt 

14.... 

.  52 

14 

tt 

30.... 

. 17 

18 

tt 

46.... 

.  9 

10 

tt 

15.... 

.  48 

14 

tt 

32.... 

. 16 

18 

tt 

50.... 

.  8 

10 

tt 

16.... 

. 45 

14 

tt 

34.... 

. 15 

18 

«t 

52.... 

.  8 

10 

tt 

17.... 

. 43 

14 

tt 

36.... 

. 14 

18 

tt 

56.... 

.  7 

10 

tt 

18.... 

.  40 

14 

tt 

38.... 

. 14 

18 

tt 

60.... 

10 

tt 

20.... 

.  36 

14 

tt 

40.... 

. 13 

20 

tt 

22.... 

. 16 

10 

tt 

22.... 

.  33 

14 

tt 

42.... 

. 12 

20 

tt 

24.... 

10 

tt 

24.... 

.  30 

14 

tt 

44.... 

. 12 

20 

tt 

26.... 

. 14 

10 

tt 

26 . 

-  28 

14 

tt 

46.... 

. 11 

20 

tt 

28.... 

. 13 

10 

tt 

28 . 

.  26 

15 

tt 

16.... 

. 30 

20 

tt 

30.... 

10 

tt 

30 . 

.  24 

15 

tt 

18... 

. 27 

20 

tt 

32.... 

11 

tt 

12 . 

.  55 

15 

tt 

20..  . 

. 24 

20 

tt 

34.... 

11 

tt 

13 - 

.  51 

15 

tt 

23.... 

. 22 

20 

tt 

11 

tt 

14 - 

.  47 

15 

tt 

24.... 

. 20 

20 

tt 

38.... 

11 

tt 

15 _ 

.  44 

15 

tt 

26.... 

. 19 

20 

tt 

40.... 

. 9 

11 

tt 

16 . 

. 41 

15 

tt 

28.... 

. 17 

20 

tt 

42.... 

.  9 

11 

ft 

17 _ 

.  39 

15 

tt 

30.... 

. 16 

20 

tt 

44  ... 

.  8 

11 

tt 

18.... 

.  37 

15 

tt 

33.... 

. 15 

20 

tt 

46.... 

.  8 

11 

tt 

20 _ 

.  33 

15 

tt 

34.... 

. 14 

20 

tt 

48.... 

.  8 

11 

ft 

22.... 

.  30 

15 

tt 

36.... 

. 13 

20 

tt 

50.... 

.  7 

11 

tt 

24.... 

. 27 

15 

tt 

38. . . . 

. 13 

20 

tt 

54.... 

.  7 

12 

tt 

14.... 

.  43 

15 

tt 

40.... 

. 12 

20 

tt 

58.... 

.  6 

12 

tt 

15.... 

.  40 

16 

tt 

16.... 

. 28 

20 

tt 

64.... 

.  6 

12 

ft 

16.... 

.  38 

16 

tt 

18.... 

. 25 

22 

tt 

24.... 

. 14 

12 

tt 

17.... 

.  35 

16 

tt 

20.... 

. 23 

22 

tt 

26. . . . 

. 13 

12 

ft 

18.... 

. 34 

16 

tt 

22.... 

. 21 

22 

tt 

28.... 

. 12 

12 

tt 

20.... 

.  80 

16 

tt 

24.... 

. 19 

22 

tt 

30.... 

. 11 

12 

it 

22.... 

.  27 

16 

tt 

26.... 

. 17 

22 

tt 

32.... 

. 10 

12 

tt 

24.... 

.  25 

16 

tt 

28.... 

. 16 

22 

tt 

34.... 

. 10 

12 

tt 

26.... 

. 23 

16 

tt 

30 

.15 

22 

tt 

36.... 

.  9 

12 

tt 

28.... 

. 22 

16 

tt 

32.... 

. 14 

23 

tt 

38.... 

.  9 

12 

tt 

30.... 

.  20 

16 

u 

34.... 

. 13 

22 

tt 

40  ... 

.  8 

12 

tt 

32.... 

.  19 

16 

tt 

36.... 

. .13 

22 

tt 

42. . . . 

.  8 

12 

tt 

34.... 

.  18 

16 

tt 

38.... 

. 12 

22 

tt 

44  ... 

.  7 

12 

tt 

36  ... 

17 

16 

tt 

40 

11 

23 

tt 

48  ... 

.  7 

13 

tt 

14.... 

. 40 

16 

tt 

42 

.11 

22 

tt 

50.... 

. 7 

13 

tt 

15.... 

16 

tt 

44 

10 

23 

tt 

52.... 

.  6 

13 

tt 

18.... 

.  35 

16 

tt 

46 

. 10 

22 

tt 

56.... 

.  6 

13 

tt 

18.... 

. 31 

16 

tt 

48 

...  9 

22 

tt 

60.... 

.  5 

13 

tt 

20.... 

.  28 

16 

tt 

52.... 

.  9 

24 

tt 

24. . . . 

. 13 

13 

ft 

22.... 

.  25 

16 

tt 

54.... 

.  8 

24 

tt 

26.... 

HOW  TO  BE  TOTJE  OWN  LAWYER. 


491 


WEIGHT  OF  A  LINEAL  FOOT  OF  FLAT  STEEL,  IN  POUNDS. 


Inch. 

i 

* 

i 

i 

* 

1 

4 

.213 

.426 

.64 

f 

.206 

.533 

.8 

1.006 

* 

.319 

.639 

959 

1.28 

1.6 

1 

.426 

.853 

1.28 

1.706 

2.133 

2.559 

n 

.48 

.959 

1.439 

1.919 

2.399 

2.S79 

3.84 

u 

.533 

1.066 

1.6 

2.133 

2.666 

3.200 

4. 266 

586 

1.173 

1.759 

2.346 

2.933 

3.519 

4.693 

H 

.639 

1.279 

1.919 

2.56 

3.199 

3.84 

5.119 

if 

.693 

1.386 

2.079 

2.773 

3.486 

4.16 

5.546 

H 

.746 

1.493 

2.24 

2.986 

3.733 

4.479 

5.973 

2 

.853 

1.706 

2.559 

3.413 

4.266 

5.119 

6.826 

3* 

.906 

1.813 

2.719 

3.626 

4.533 

5.439 

7.253 

2* 

.96 

1.919 

2.879 

3.84 

4.799 

5.76 

7.68 

2f 

1.013 

2  026 

3.039 

4.053 

5.066 

6.079 

8.106 

24 

1.016 

2.133 

3.199 

4.266 

5.383 

6.399 

8.533 

2i 

1.019 

2.24 

3.36 

4.48 

5.6 

6.72 

8.96 

21 

1.173 

2  346 

3  519 

4.693 

5.866 

7.039 

9.386 

3 

1.28 

2.56 

3.84 

5.12 

6.4 

7.68 

10.24 

34 

1.386 

2.773 

4.16 

5.546 

6.933 

8.319 

11.093 

34 

1.493 

2.986 

4.48 

5.973 

7.466 

8.95 

11.946 

3* 

1.6 

3.199 

4.799 

6.399 

7.999 

9.599 

12.799 

4 

1.706 

3  413 

5.119 

6.826 

8  533 

10.239 

13.653 

4* 

1.813 

3.626 

5.439 

7.253 

9  066 

10.879 

14.506 

4± 

1  92 

3.84 

5.76 

7.68 

9.6 

11.52 

15.36 

4* 

2.026 

4.053 

6.079 

8.106 

10.133 

12.159 

16.213 

5 

2.133 

4.266 

6.399 

8.533 

10.666 

12.799 

17.066 

51 

2.24 

4.48 

6.72 

8.959 

11.199 

13.44 

17.919 

5* 

2.346 

4.693 

7.039 

9  386 

11.733 

14.079 

18.773 

5* 

2.453 

4.906 

7  359 

9.813 

12.266 

14.719 

19.626 

6 

2.56 

5.12 

7.68 

10.24 

12.8 

15.36 

20.48 

NO.  OF  NAILS  AND  TACKS  PER  POUND. 


NAILS. 

No. 

TACKS. 

No. 

Name. 

Size. 

per 

lb. 

Name. 

Length. 

per  lb. 

3  penny,  fine  H 

inch 

760 

nails. 

1 

oz  .. 

_ 14  inch . 

...  16,000 

3 

....H 

11 

480 

44 

H 

44  . . 

...3-16  “  .... 

....  10.666 

4 

....14 

41 

300 

it 

2 

44 

....4  “  .... 

5 

•  H 

44 

200 

it 

24 

it 

....5-16  “  .... 

....  6,400 

6 

...2 

it 

160 

it 

3 

it 

....f  “  . 

. . .  5,333 

7 

....21 

14 

128 

44 

4 

ti 

....7-16  “  .... 

....  4,000 

8 

....2i 

14 

92 

it 

6 

u 

...9  16  “  .... 

9 

....2} 

14 

72 

44 

8 

44 

....*  “  .... 

. .  .  2,000 

10 

....3 

44 

60 

it 

10 

44 

....11-16  “  .... 

...  1,600 

J 

...3* 

44 

44 

it 

12 

44 

.4  "  -••• 

....  1,333 

ie 

....3* 

14 

32 

it 

14 

it 

....13-16“ 

....  1,143 

20 

...A 

41 

24 

it 

16 

44 

....4  “  •••• 

....  1,000 

80 

...44 

11 

18 

44 

18 

44 

....15-16“  .... 

888 

40 

....5 

11 

14 

it 

20 

it 

....1  “  .... 

800 

60 

....5* 

11 

12 

44 

22 

u 

...-1A  “  •••• 

727 

6 

fence  2 

11 

80 

44 

24 

44 

...14  “ 

.  606 

8 

....24 

It 

50 

44 

10 

....3 

44 

34 

“ 

12 

....34 

44 

29 

“ 

492  now  TO  BE  TOUR  OWN  LAWYER. 


NO.  POUNDS  OF  ROUND  AND  SQUARE  BAR  IRON  PER  FOOT. 


Diam.  or  Side. 

Square  Bars. 

Round  Bars. 

Breadth  or 

Diam.  in  inchs. 

Square  bars. 

Round  Bars. 

Breadth  or 

Diam.  in  inchs. 

Square  Bars. 

Round  Bars. 

; 

f 

.209 

.164 

1 

3.34 

2.62 

2* 

27.61 

21.68 

5-16 

.326 

.256 

n 

4.22 

3.32 

8 

30.07 

23.60 

t 

.470 

.369 

li¬ 

5.25 

4.09 

3| 

35.28 

27.70 

7-16 

.640 

.502 

lt 

6.35 

4.96 

3t 

40.91 

32.23 

i 

.835 

.656 

it 

7.51 

5.90 

3t 

46.97 

36.89 

9-16 

1.057 

.831 

it 

8.82 

6.92 

4 

53.44 

41.97 

* 

1.305 

1.025 

if 

10.29 

8.03 

4J 

60.32 

47.38 

11-16 

1.579 

1.241 

H 

11.74 

9.22 

4i 

67.63 

53.12 

3 

T 

1.879 

1.476 

2 

13.36 

10.49 

4f 

75.35 

59.18 

13-16 

2.205 

1.732 

2i 

15.08 

11.84 

5 

83.51 

65.58 

i 

2.556 

2.011 

16.91 

13.27 

92.46 

72.39 

15-16 

2.936 

2.306 

2f 

18.84 

14.79 

4 

101.03 

79.35 

21 

20.87 

16.39 

5f 

114.43 

86.73 

at 

23.11 

18.07 

6 

120.24 

94.43 

at 

25.26 

19.84 

WEIGHT  OF  ONE  FOOT  OF  BAR  STEEL. 


ROUND. 

SQUARE. 

OCTAGON. 

Diam.  In. 

Pounds. 

Side  In. 

Pounds. 

Diam  In. 

Pounds. 

i 

.166 

i 

.213 

t 

.84 

f 

.375 

t 

.479 

t 

1.23 

4 

.667 

t 

.855 

i 

1.75 

4 

1.04 

t 

1.33 

t 

2.25 

3 

T 

1.50 

3 

I 

1.91 

i 

2.75 

t 

2.05 

i 

2.61 

it 

3.66 

1 

2.67 

1 

3.40 

If 

4.55 

1* 

3.38 

It 

4.34 

it 

5.50 

If 

4.17 

li 

5.32 

it 

6.45 

It 

5.05 

If 

6.44 

Jt 

7.75 

li¬ 

6.00 

It 

7.67 

if 

9.20 

lt 

7.05 

It 

9.00 

it 

10.04 

If 

8.17 

If 

10.44 

2 

11.60 

It 

9.38 

It 

11.98 

2i 

13.14 

2 

10.68 

2 

13.63 

2i 

14.75 

2t 

12.04 

at 

15.35 

2f 

16.40 

2f 

13.51 

24 

17.20 

at 

17.85 

at 

15.05 

2f 

19.17 

2f 

19.50 

at 

16.68 

at 

21.20 

2? 

21.25 

at 

18.43 

at 

23.30 

2t 

22.69 

2f 

20.19 

2J 

25.70 

3 

25.00 

at 

22.00 

2| 

27.74 

3 

24.03 

3 

30.60 

st 

28.20 

Si 

35.90 

HOW  TO  BE  YOUR  OWN  LAWYER. 


493 


YEARS  OF  IMPORTANT  FIRST  EVENTS  AND  OCCURRENCES 

1180 — Glass  first  used  for  windows. 

1200 — Mariner's  Compass  first  used. 

1234 — Coal  first  dug  for  fuel. 

1240 — Spectacles  invented. 

1302 — Paper  first  made  from  linen  rags. 

1320 — Gunpowder  invented. 

1436 — Printing  invented. 

1457 — Almanacs  first  printed  by  Purback,  in  Vienna.  Newspaper ,  first 
in  the  world  issued,  called  The  Gazette ,  printed  at  Nuremburg. 

1462 — Metal  Type  in  matrices  first  made  by  Peter  Schceffer,  at  Nurem* 
burg.  Bible  first  printed,  at  Mentz. 

1471 — Printing  Press  first  set  up,  by  Caxton. 

1473 — Musical  Notes  first  used,  but  not  printed  until  1502. 

1476 —  Watches  first  made  at  Nuremburg. 

1516 —  Post-office  first  established  for  general  public  use,  between  Vienna 
and  Brussels. 

1517—  The  True  System  of  the  Universe,  discovered  by  Copernicus.  Luther 
began  to  preach  in  the  same  year. 

1521 — Luther  summoned  before  the  Diet  of  Worms. 

1526 —  Xavier ,  the  first  great  missionary  of  modern  Christianity,  planted 
the  cross  in  India. 

1527 —  Wood  Engraving  invented  by  Albert  Durer. 

1530 — Spinning  Wheel  set  in  motion  by  Jergens. 

1532 — Henry  VIII.,  of  England,  finally  and  forever  broke  with  the  Pope. 

1535— Ignatius  Loyola  founded  the  Order  of  the  Jesuits.  First  English 
Bible  (Coverdale’s). 

1545 — Modern  Needles  first  came  into  use. 

1552 — Books  of  Geography  and  Astronomy  destroyed  in  England,  as  being 
infected  with  magic. 

1555 — Wheeled  Carriages  first  used  in  France. 

1559 — Steel  Knives  first  used  in  England,  and  Coaches  introduced  about 
the  same  time. 

1562— Religious  Liberty  granted  to  the  Huguenots  in  France,  and  was  fol 
lowed  by  the  Massacre  of  St.  Bartholomew ,  in  1572. 

1568 — Clocks  first  made  in  England. 

1590—  Telescopes  were  invented,  and  the  first  was  probably  used  in  Eng¬ 
land  in  1608.  Spencer,  Shakespeare ,  Bacon,  Kepler,  Tycho  Brahe , 
were  contemporaries  in  this  year. 


494 


HOW  TO  BE  YOUR  OWN  LAWYER. 


1607 — First  Settlement  in  America ,  Jamestown,  Virginia. 

1615 —  Daily  Newspaper  first  issued,  Frankfort  Gazette.  Still  published. 

1616 —  Potatoes  landed  in  Ireland  by  Sir  Walter  Raleigh,  said  to  have 
been  brought  by  him,  with  tobacco,  from  Virginia. 

1622 —  The  First  Newspaper  was  published  in  England  ;  the  first  attempt 
at  Parliamentary  reporting  in  1641 ;  the  first  advertisement  ap¬ 
peared  in  1648  ;  and  the  first  paper  devoted  exclusively  to  adver¬ 
tisements  and  shipping  in  1657. 

1629 — Printing  Press  first  introduced  into  the  United  States,  at  Cam¬ 
bridge,  Mass. 

1690 — First  American  Newspaper  published  at  Boston,  September  25th,  a 
monthly  sheet,  headed  “Publick  Occurrences,  Foreign  and  Do- 
mestick.,,  Soon  suppressed. 

1702 — First  English  Daily  Newspaper ,  published  in  London,  and  was 
called  Daily  Gourant .  Gas  first  used  for  illuminating. 

1704 — Newspaper  first  permanently  printed  in  America,  at  Boston,  called 
Boston  News-Letter. 

1711 — Pianoforte  invented  by  Father  Wood,  an  English  monk  at  Rome. 

1731 — First  French  Neicspaper  published  at  Paris,  called  Gazette  de 
France.  First  Public  Library  established,  at  Philadelphia,  July 
31st. 

1736 — Union  Fire  Company ,  Philadelphia,  organized  December  7th,  the 
first  volunteer  fire  company  in  America,  and  probably  in  the 
world. 

1751 —  Pennsylvania  Hospital ,  established  February  7th ;  the  first  in 
America. 

1752 —  Fire  Insurance  Company  first  formed  in  America,  “  The  Phila¬ 
delphia  Contributionship.”  Lightning  Rods  first  used.  Put  up  by 
Benjamin  Franklin  at  his  house  in  Philadelphia.  Theatre  first 
opened  in  America,  at  Williamsburg,  Va. 

1753 —  Steam  Engine  first  introduced  into  use  in  America,  and  was 
brought  from  England. 

1777 — American  Flag  adopted  by  Congress. 

1780 —  Sunday-Schools  first  established  by  Robert  Raikes,  in  Gloucester, 
England. 

1781 —  Bank  of  North  America  incorporated  at  Philadelphia,  May  26th. 
First  banking  institution  in  America.  Capital  $400,000. 

1783 —  Balloon  ascension  first  made,  June  5th,  near  Lyons,  France. 

1784 —  Daily  Paper  first  published  in  the  United  States,  “  The  Pennsyl 
vania  Packet,  or  General  Advertiser.  ” 


HOW  TO  BE  YOUR  OWN  LAWYER. 


495 


1786—  Vessel  navigated  first  by  steam,  Philadelphia,  July  20th.  by  John 
Fitch. 

1787 —  Copper  Cent  first  coined  at  New  Haven. 

1803 — Steel  Pens  first  made. 

1807— First  Steamboat  plied  the  Hudson,  the  Clermont  by  Robert 
Fulton. 

1811 — Lead  Pencils  first  made  in  the  United  States,  by  Wm.  Munroe,  at 
Concord,  Mass. 

1813 — Coal  first  mined  in  Philadelphia,  sold  at  $21  per  ton.  $50,000,000 
worth  now  produced  annually.  Electric  Light  first  made  prac 
tical  by  Sir  Humphrey  Davy. 

1818 — Steamer  first  crossed  the  Atlantic,  the  Savannah  from  New 
York  to  Liverpool,  in  twenty -six  days. 

1824 —  Steam  Ferry  Boats  first  used  between  New  York  and  Brooklyn. 

1825 —  Gas  first  used  in  New  York  for  illuminating  purposes.  Homoeop¬ 
athy  introduced  into  the  United  States.  Passenger  Bailroad  first 
opened,  September  27th,  in  England. 

1826 —  Kerosene  first  used  for  illuminating  purposes.  Railroad ,  first  in 
United  States,  extended  from  granite  quarries  at  Quincy,  Mass., 
to  Neponset  river,  three  miles.  Now  nearly  100,000  miles  in  the 
United  States. 

1828 —  Passenger  Railroad ,  first  in  America  opened,  the  Baltimore  & 
Ohio. 

1829 —  Lucifer  Matches  first  made ;  came  into  general  use  about  1834. 

1830 —  Steam  Railroad ,  first  in  New  York  State,  was  from  Albany  to 
Schenectady,  23  miles.  Iron  Steamship  first  built.  Omnibuses 
first  introduced  for  travel  in  New  York  City. 

1832 — Telegraph  invented  by  Morse. 

1838 —  Telegraph  Wire  of  any  practical  importance  first  in  England,  was 
laid  from  Paddington  to  West  Drayton;  the  first  in  Scotland  in 
1841 ;  and  in  Ireland,  1854.  Passenger  Slea?nships  began  regular 
voyages  across  the  Atlantic ;  the  Sirus ,  from  London  to  New 
York,  in  17  days,  and  the  Great  Western ,  from  Bristol  to  New 
York,  in  15  days. 

1839 —  Envelopes  first  used  for  letters,  etc. 

1840 —  Postage- Stamps  first  used  in  England. 

1844 — Telegraph  Wire  first  laid  in  America  was  between  Washington  and 
Baltimore.  Anesthesia  discovered. 

1846 —  Sewing  Machine  patented,  by  Elias  Howe. 

1847 —  Postage-Stamps  first  used  in  the  U.  S. 


496 


HOW  TO  BE  YOUR  OWN  LAWYER. 


1848 — Gold  first  discovered  in  California. 

1853 — Crystal  Palace,  N.  Y.,  opened.  Burned  Oct.  5,  1858. 

1858 — Cable  Dispatches  first  sent  across  Ocean. 

1863 — Emancipation  proclamation. 

1866 — Atlantic  Cable  successfully  laid. 

1871 — Great  Fire  in  Chicago. 

1877 —  Telephone  first  put  in  public  use.  Phonograph ,  Edison’s,  first 
brought  to  public  attention. 

1878 —  Elemted  Railroad  commenced  running  in  New  York  City. 
August  26th. 

1883 — Brooklyn  Bridge  opened  May  24th.  Cars  began  to  run  Septembel 

2d, 


INDEX 


PAGE 


Acknowledgment  and  Proof  of 

Deeds .  1 

What  ia  an  acknowledgment  ?. .  1 

When  is  a  deed  proved  ? -  1 

Who  may  acknowledge  deeds  or 
other  instruments .  1 


With  each  State  named  below ,  the 
law  in  relation  to  acknowledg¬ 
ment  is  given,  and  also  the  legal 
forms  of  each  State : 


Alabama .  1 

Arizona .  3 

Arkansas .  4 

California .  5 

Colorado  .  6 

Connecticut .  7 

Dakota  Territory .  8 

Delaware .  9 

District  of  Columbia .  10 

Florida. .  11 

Georgia.  .  12 

Idaho  Territory .  13 

Illinois .  14 

Indiana .  15 

Iowa .  16 

Kansas .  17 

Kentucky .  18 

Louisiana .  19 

Maine .  .  20 

Maryland .  21 

Massachusetts  .  21 

Michigan .  22 

Minnesota .  23 

Mississippi .  24 

Montana .  25 

Nebraska .  26 

Nevrda .  27 

New  Hampshire .  28 

New  Jersey .  29 

New  Mexico .  30 

New  York .  31 

North  Carolina .  32 

Ohio .  33 

Oregon .  34 

Pennsylvania ....  .  34 


FAGS 


Rhode  Island .  35 

South  Carolina .  36 

Tennessee .  37 

Texas .  38 

Utah  Territory .  40 

Vermont  . . . .  41 

Virginia .  41 

Washington  Territory .  42 

West  Virginia .  43 

Wisconsin .  44 

Wyoming  Territory .  44 

Administrators .  45 

Affidavits .  45 

Wliat  is  an  affidavit  ? .  45 

Forms : 

Common  form .  45 

Affidavit  of  service  of  papers. . .  45 

Affidavit  to  a  petition .  46 

Agents .  46 

Definition  of  an  agent  . . .  .  46 

Arbitration  and  Award .  51 

What  is  arbitration .  51 

What  is  an  award. .  . .  51 

Agreement  for  arbitration .  51 

Two  kinds  of  arbitration .  51 

Fees  of  arbitrators.  .  51 

Forms : 

General  form  of  agreement  to 

arbitrate  .  52 

Dispute  as  to  wages .  52 

Dispute  as  to  an  account .  52 

Dispute  concerning  boundaries.  53 

Bond  of  arbitration .  53 

Notice  of  hearing .  53 

Revocation  of  power  of  arbitra¬ 
tors .  54 

Arbitrators’  award .  54 

Assignments  .  54 

What  is  an  assignment.  . .  54 

What  may  be  assigned  .  55 

Assignment  of  a  mortgage.  ...  55 
Assignment  of  insurance  policy.  55 
Forms : 

Short  form  of  assignment .  56 

Form  with  power  to  sue .  56 

(497) 


498 


HOW  TO  BE  YOUR  OWN  LAWYER. 


PAGE 


As  security  for  the  payment  of  a 

note .  56 

Assignment  of  a  hook  not  yet 

copyrighted. .  .  56 

Assignment  of  a  copyright .  57 

Assignment  of  contract  for  sale 

of  "real  property .  57 

Assignment  of  a  lease .  57 

Assignment  of  a  judgment .  58 

Assignment  of  a  mon-gage .  58 

Assignment  of  letters  patent. ...  59 

Assignment  of  insurance  policy.  59 
Assignment  of  partnership  prop¬ 
erty  by  one  partner  to  another.  60 

Auctions .  61 

Auctioneers .  47 

Duties  of,  and  rules  regulating 

sales .  61 

Bankruptcy .  62 

Bills  of  Exchange .  62 

Bills  of  Sale .  62 

Forms : 

A  common  form .  62 

Sale  of  a  horse  or  other  animal 

with  warranty .  62 

Sale  in  consideration  of  the  as¬ 
signee’s  agreeing  to  maintain 

the  assignor  for  life .  63 

Agreement  of  sale .  63 

Bins  and  Boxes,  Capacity  of.  . . .  481 

Boarding-houseKeepers .  162 

Bonds  .  64 

What  constitutes  a  bond .  64 

Difference  between  ‘‘penalty” 
and  “  liquidated  damages  ”...  64 

Not  barred  for  20  years .  65 

Forms  : 

Common  form  for  payment  of 

money .  65 

Bond  with  interest  clause  given 

with  a  mortgage .  65 

Bond  with  insurance  clause  ...  66 

Bond  for  payment  of  money. .. .  66 
Bond  to  executors  or  adminis¬ 
trators .  67 

Bond  for  payment  of  an  annual 

sum  to  a  person  for  life .  67 

Bond  for  payment  of  purchase- 
money  on  a  breach  of  war¬ 
ranty .  68 

Bond  for  the  fidelity  of  a  clerk, 
treasurer,  cashier,  teller,  etc . .  68 

Bond  with  surety  to  indemnify 
maker  of  note  for  accommo¬ 
dation,  from  loss  thereby. ....  69 

Bond  to  indemnify  tenant  on 


PAGE 


paying  rent  when  title  is  in 

dispute  .  69 

Broker,  Definition  of .  47 

Brokers,  Technical  Terms  used  by  459 
Bricks,  number  required  to  con¬ 
struct  a  building .  46? 

Builders,  Information  for .  46? 

Buildings,  Bricks  required  to 

construct . 467 

Bushels,  number  of  pounds  legal 

weight  in  different  States _ 461 

Cattle  and  Dog  Laws  .  70 

Owner  of  vicious  animals  re¬ 
sponsible  for  damages .  70 

Persons  attacked  can  kill  ani¬ 
mals .  70 

Owners  of  cattle  liable  for  dam¬ 
ages  .  70 

Stray  cattle  may  be  shut  up _  7C 

Census  Of  the  U .  S . 485 

Chattel  Mortgages . 74 

Children .  272 

Coins  of  Foreign  Nations.. 454,  455 

Commercial  Paper  .  74 

Bills  of  exchange .  74 

Acceptances . 75 

Bills  of  lading .  75 

Bank  checks .  76 

Promissory  notes  .  76 

Forms : 

Bill  of  exchange .  78 

Set  of  foreign  bills  of  exchange.  78 

Draft .  78 

Bill  of  lading .  79 

Check . . . 79 

Note  not  negotiable . 79 

Negotiable  note  for  N.  J.  and 

Penn .  79 

Note  with  surety .  79 

Negotiable  note .  79 

Note  or  due-bill,  payable  on  de¬ 
mand .  80 

Note  bearing  interest .  80 

Married  woman’s  note .  80 

Note  payable  by  instalments. . .  80 

Note  for  two  or  more  persons  . .  80 

Joint  note .  80 

Commodities,  Prices  of  for  53 

years .  488 

Common  Carriers .  71 

Who  are  common  carriers .  71 

Responsibility  of  common  car¬ 
riers  .  71 

Bound  to  carry  all  goods  offered  71 
Carrier  has  a  lien  on  goods  car¬ 
ried .  72 


HOW  TO  BE  YOUR  OWN  LAWYER. 


499 


PAGE 


Agreement  to  deliver  at  specified 

time .  72 

Carriers  of  passengers  liable  if 

they  are  negligent .  .  73 

Liable  for  loss  of  baggage .  74 

Consideration  . 81 

Without  consideration  contract 

can  not  be  enforced  .  81 

Good  or  valuable  considerations  81 
Contract  void  if  consideration  is 

illegal .  82 

Contracts .  82 

What  constitutes  a  contract  ...  82 

Contracts  should  be  clearly  ex¬ 
pressed  .  82 

Void  agreements .  82 

Forms : 

General  form  with  provision  for 
liquidated  damages  in  case  of 

breach .  83 

Agreement  for  purchase  of  a 

house  and  lot .  .  83 

Contract  for  sale  of  land .  84 

For  sale  of  a  farm .  85 

Contract  for  building  .  85 

Agreement  to  build  a  party  wall  86 
Agreement  for  bricklayers’  and 

"plasterers’  work .  87 

Agreement  for  sale  and  purchase 

of  personal  property .  87 

Agreement  for  sale  of  wheat. ...  88 

For  sale  of  manuscript  and  copy¬ 
right .  88 

Contract  with  a  clerk  or  work¬ 
man  for  services. .  89 

For  sale  of  goods .  89 

_  Agreement  to  rent  with  cove¬ 
nants  ....  —  .  90 

Agreement  of  an  auctioneer  af¬ 
ter  sale  at  auction .  90 

Copyright .  91 

What  may  be  copyrighted .  91 

How  to  obtain  a  copyright. 91,  92,  93 

Cost  of  a  copyright .  92 

Penalty  for  infringements  of. . . .  93 

Corporations . .  94 

What  constitutes  a  corporation .  94 

How  created .  94 

Cun  be  formed  for  almost  any 
purpose .  94 

Forms : 

Engagement  to  take  stock  in  a 
corporation  to  be  formed.  ...  95 

Transfer  of  stock .  .  95 

Power  to  transfer .  96 


PAGE 


Authority  to  collect  dividends. .  96 

Proxy .  96 

Affidavit  to  be  annexed  to  proxy  96 
Certificate  of  association  of  min¬ 
ing  corporation  under  statutes 

of  Pennsylvania.  .  96 

Certificate  of  association  of  an 

oil  company .  98 

Certificate  of  incorporation  for 
business  in  New  York  State. .  98 

Custom  House .  99 

What  goods  pay  duties .  99 

Articles  not  dutiable .  99 

Gooc  s  in  bond  .  100 

Debates,  How  to  conduct,  435  to  450 

DEBT3 .  100 

Deeds  . 100 

What  is  a  deed .  100 

Requisites  of  a  deed  .  100 

Must  be  sealed  and  delivered. . .  100 

Must  be  acknowledged .  100 

Dower  not  released  unless  wife 

signs .  101 

Should  be  witnessed  by  two  per¬ 
sons . .  101 

Grantor  pays  for  drawing  deed . .  101 
Grantee  pays  for  searching  title.  101 
How  titles  should  be  searched  101 
Alterations  after  execution  ren¬ 
der  deed  void . 102 

Grantee  should  record  deed 

promptly .  102 

Forms  : 

Bargain  and  sale  deed .  102 

Warranty  deed . 103 

Short  form  of  warranty  deed  with 

full  covenants .  103 

Attestation  with  erasures  or  in¬ 
terlineations  .  104 

Deed  by  a  corporation .  104 

Deed  by  attorney. . . .  105 

Deed  by  executors . —  105 

Deed  to  correct  mistakes  in  prior 

conveyance . . .  ...  106 

Deed  of  gift .  106 

Deed  when  grantee  assumes  pay¬ 
ment  of  mortgage  on  the  prop¬ 
erty . 107 

Release  of  dower . 107 

Deed  of  a  right  of  way .  108 

Release  of  part  of  mortgaged 

premises  .  108 

Trust  deed . 109 

Deed  of  trustees  or  assignees  cf 

an  insolvent .  1.10 

Quit-claim  deed .  110 


500 


HOW  TO  BE  YOUR  OWN  LAWYER, 


PAGE 


Delivery .  Ill 

What  is  meant  by  delivery .  Ill 

Final  act  which  completes  a  con¬ 
tract  .  Ill 

Various  forms  of  delivery . Ill 

Delivery  of  a  note . Ill 

Dictionary  of  Law  Terms,  393  to  433 

Divorce .  112 

What  is  a  divorce .  112 

Legal  separation .  112 

Grounds  for  divorce .  112 

The  laws  of  each  State  as  to  the 
grounds  of  divorce  are  given 
on  pages . 112,  113,  114 


What  is  dower  .  217 

Only  refers  to  real  estate .  217 

Not  allowed  in  all  States . 217 

How  dower  may  be  lost .  217 

States  in  which  no  dower  is  al¬ 
lowed .  217 

The  laws  of  all  the  States  as  to 
the  rights  of  married  women 

are  given  on  pages . 218  to  237 

Drafts . 115 

Easement . 115 

What  is  easement .  115 

Different  kinds  of  easement  ....  115 
Easement  arising  from  contin¬ 
ued  use  of  land  .  115 

Electoral  Votes  of  each  State.  470 

Elections,  Time  for  holding . 471 

Executors  and  Administrators  116 

Duties  of  executors  .  116 

Duties  of  administrators .  116 

How  appointed . . .  116 

Who  may  be  administrators. . . .  116 

Bonds  required .  117 

Forms : 

Form  of  a  petition  for  letters  of 

administration .  118 

Form  of  advertisement  for  grant¬ 
ing  letters  of  administration. .  118 

Inventory  of  property .  118 

appointment  of  appraisers .  119 

Form  for  appraisement . 119 

Form  for  administrator’s  account  119 

Affidavit  of  administrator .  120 

Exemption  and  Homestead 

Laws . 120 

What  kind  of  property  is  exempt 

from  seizure  for  debt .  121 

The  laws  of  each  State  and 
Territory  as  to  what  is  ex¬ 
empt  from  seizure  for  debt  are 
given  on  pages,  121,  122,  123, 


FAOB 


124,  125,  126, 127, 128,  129, 130, 

131,  132, 133,  134,  135,  136, 137, 

138,  139,  140,  141,  142 

Factor,  Definition  of .  47 

Farmers  .  142 

The  different  subjects  in  this 
book  of  special  value  to  farm¬ 
ers  . 142 

Farmers,  Table  for  Measuring 

Land . 460 

Fences  and  Fence  Viewers  ....  142 
Each  party  must  maintain  his 

share  of  fence .  143 

Penalty  of  refusal  to  build  a 

fence .  143 

Duties  of  fence  viewers . 143 

Forms : 

Decision  of  fence  viewers  as  to 


value  of  fences  and  portions 
to  be  maintained  by  an  owner 
who  has  let  his  lauds  lie  open.  143 
Built  by  an  adjoining  owner. . . .  143 
Decision  as  to  proportion  of  di¬ 
vision  fence  to  be  maintained.  144 
Appraisement  of  damages  where 
the  owner  has  neglected  to 

keep  his  fence  in  repair .  144 

Notice  of  application  to  be  made 
to  remove  proportion  of  divis¬ 
ion  fence  and  let  land  lie  open.  145 
Certificate  of  consent  by  fence 


viewers . .  145 

Appraisement  of  damages  by 

cattle .  145 

Certificate  that  sheep  were  killed 

by  dogs  .  145 

Grain,  To  measure . 474 

Guaranty . 146 

What  is  a  guaranty .  146 

No  special  words  necessary  ....  146 
Conditions  of  guaranty .  146 


Forms : 

Guaranty  of  payment  of  a  note.  146 
Guaranty  of  payment  of  a  bond.  146 
Guaranty  of  collectibility,  etc..  147 
Guaranty  of  rent  to  be  attached 


to  a  lease .  147 

Guaranty  given  to  stop  legal 

proceedings .  147 

Guardian  and  Ward . 147 

Definition  of  guardian . 147 

Guardian  takes  father’s  place.. .  147 
Child  can  choose  his  own 

guardian  after  14.  . 147 

Proper  court  to  appoint  guard¬ 
ian .  145 


HOW  TO  EE  TOUR  OWN  LAWYER, 


501 


PAGE 


Guardianship  closes  at  marriage  148 
Forms : 

Petition  for  appointment  of  a 
guardian  for  a  minor  of  the 

age  of  14  years . .  148 

Consent  of  guardian .  148 

Affidavit  to  be  annexed .  149 

Bond  of  guardian .  149 

Affidavit  of  sufficiency  of  surety 

in  bond .  149 

Petition  for  appointment  of  a 
guardian  of  a  minor  under  14 

years .  150 

Guardian’s  account . 150 

Hay,  Cubic  feet  in  a  ton .  487 

Hay,  To  estimate  amouut  in  a 

stack .  487 

nAY,  To  reckon  cost  of . 474 

Highways . 151 

What  constitutes  a  highway  ....  151 

How  highways  are  created . 151 

If  impassable,  public  can  go  on 

adjoining  land .  151 

All  trees,  grass,  etc.,  on  high¬ 
ways  belong  to  owner  of  ad¬ 
joining  land . 151 

Who  must  repair  .  151 

Duties  of  commissioners  of  high¬ 
ways  .  151 

Working  on  highways .  151 

Duties  of  overseers  of  highways  152 
Who  are  exempt  from  work  on 

highways . 152 

Refusal  to  work  punished  by 

line . 152 

Laying  out  new  roads  .  152 

Appeal  from  decision  of  commis¬ 
sioners  . .  153 

Forms : 

Assessment  of  highway  labor. . .  153 
Additional  assessment  by  an 
overseer .  154 


Appeal  to  county  judge  by  non¬ 
resident  owner  of  lands  from 
assessment  of  commissioners.  154 
Notice  by  owner  to  commis¬ 
sioners  .  154 

Complaint  against  a  person  for 

refusal  to  work .  154 

Complaint  against  a  person  for 
neglecting  to  furnish  a  team. .  155 
Summons  to  be  issued  by  a  jus¬ 
tice  upon  complaint  of  an  over¬ 
seer  against  a  person  for  refus¬ 


ing  to  work .  155 

Return  of  constable .  155 


PAGB 


Appeal  to  commissioners  from 

overseers’  assessment .  155 

Application  to  commissioners  to 
lay  out  a  highway  through  un¬ 
improved  land  with  the  con¬ 
sent  of  the  owner  .  156 

Order  of  commissioners  to  lay 
out  a  highway  through  lands 
not  inclosed  or  improved  ex¬ 
cept  in  part,  aud  by  consent 

of  owner  of  that  part . .  157 

Application  to  lay  out  a  highway 
through  improved  land  with¬ 
out  consent  of  owner .  157 

Application  to  alter  a  road  . . .  157 
Order  of  commissioners  to  alter 

highway .  158 

Agreement  for  damages .  159 

Assessment  by  commissioners. .  159 
Holidays,  Legal,  in  the  United 

States .  459 

Hotels  and  Boarding-Houses.  .  1  2 
Requirements  of  hotel-keepers..  102 
Responsibility  of  hotel-keepers.  103 
Have  lien  on  goods  of  guests  for 

unpaid  lulls .  163 

Liens  of  boarding-house  keepers  103 

Horses . .  101 

Sound  and  unsound  horses .  161 

Warranty  of  soundness  does  not 

cover  vices .  161 

For  full  protection  have  warran- 

t j'  cover  all  points . 161 

Erroneous  notions  about  war¬ 
ranties .  101 

What  a  warranty  covers  . 161 

Forms : 

Receipt  with  warranty .  101 

Receipt  with  qualified  warranty.  162 
Responsibility  of  those  who  lend 

horses . .  162 

Responsibility  of  livery-stable 

keepers  .  162 

Definition  of  unsoundness  . 1*<2 

Homestead  Laws .  120 

Husband  and  Wife . 103 

Husband  must  provide  for  wife.  103 

Wife’s  dower . 104 

Personal  property  of  wife  be¬ 
longs  to  husband  generally. . .  164 
Rights  of  husband  over  wife’s 

property .  104 

Wife  can  purchase  food  and 
clothing  oil  husband’s  account  164 
Insolvency,  Bankruptcy  and  In¬ 
solvent  Assignment . 164 


502 


HOW  TO  BE  YOUR  OWN  LAWYER, 


PAGE 

What  is  insolvency .  164 

No  discharge  given  in  many 

States .  164 

Future  property  liable  for  debts.  164 
The  laws  of  each  State  relative 
to  insolvency  can  be  found  on 

pages . 165, 166, 167, 168, 169 

Forms  : 

Assignment  with  preferences. . .  169 
Assignment  by  co-partner  with 


preferences . 170 

Acceptance  by  assignee .  172 

Insurance .  172 

What  is  insurance . 172 

Insurance  policies  can  be  as¬ 
signed .  172 

Life  insurance .  173 

Fire  insurance .  173 

Marine  insurance  ....  .  173 

Interest  .  174 

Definition  of  interest . 174 

Regulated  by  statute . 174 

What  is  usury . 174 

The  laws  of  all  the  States  and 
Territories  as  to  legal  rates  of 
interest  and  what  is  usury  are 


Rule  for  calculating .  451 

Table .  452,  453 

Investments,  Table  showing  rate 

of  annual  income  on .  486 

Iron,  Weight  of  lineal  foot .  489 

Wire,  Yards  in  a  bundle .  489 

Founds  of  round  and  square  to 

the  foot .  492 

Joist,  Table  for  measuring . 456 

Landlord  and  Tenant .  176 

Leases  of  less  than  a  year  need 

not  be  in  writing . 177 

Duties  of  landlords .  177 

Duties  of  tenants .  177 

Landlord  can  Bue  for  destruction 

of  property  .  177 

Liability  of  landlords .  177 

Landlords  must  not  disturb  ten¬ 
ant . 177 


Landlord  under  no  obligation  to 
repair  unless  he  agrees  to  ... .  177 
Repairs  to  be  made  by  tenants. .  178 
Farm  tenant  must  cultivate  land  178 
Tenant  must  preserve  timber. . .  178 


A  tenancy  at  will .  178 

Notices  to  quit .  .  178 

Forms : 

Notice  to  quit  to  a  tenant  from 
year  to  year .  ....  179 


PAGE 


Notice  to  quit  by  tenant  to  land¬ 
lord  .  179 

Notice  to  terminate  a  lease .  180 

Notice  to  a  tenant  who  has  de¬ 
serted  premises .  180 

Affidavit  to  remove  tenant  at 

will . 180 

Land  Measure  of  the  United 

States .  466 

Land,  How  to  measure  . .  ...  475,  476 

Law  of  Place .  181 

What  is  meant  bylaw  of  place. .  181 
Officers  of  one  State  can  not  go 
into  another  for  offenders  . . .  181 
Contract  valid  where  made  is 

valid  everywhere .  181 

Place  of  a  contract  .  181 

Divorce  granted  in  one  State  is 
generally  valid  in  all  States. . .  181 

Leases .  181 

What  is  a  lease  ? . 181 

Leases  should  be  drawn  in  dupli¬ 
cate  .  181 

Forfeiture  clause .  182 

Lease  of  farm  lands .  182 

Lessee  not  compelled  to  improve 

buildings . .  182 

If  lessee  agrees  to  make  all  re¬ 
pairs,  would  be  compelled  to 
rebuild  if  building  was  de¬ 
stroyed  by  fire .  182 

Forms : 

Agreement  for  a  lease .  182 

Landlord’s  certificate  of  renting  183 
Tenant’s  certificate  of  renting. .  183 


Lease  of  part  of  house .  184 

Tenant’s  certificate  mortgaging 

his  chattels  as  security... _ 185 

Indenture  of  lease .  186 

Landlord’s  certificate  of  letting 
farm  with  stock  and  tools  . . .  187 

Tenant’s  certificate  of  same .  188 

Mining  lease  ...  .  188 

Lease  with  right  to  re-enter. _  189 

Covenant  not  to  assign . 189 

Covenant  to  renew .  190 

Covenant  to  buy  fixtures .  190 

Covenants  in  a  farm  lease  on 

shares  . 190 

Assignment  of  a  lease . 191 

Legal  Tender .  301 

Letters .  193 

B  usiness  letters .  193 

Legal  consequences  of  letters. . .  193 


HOW  TO  BE  YOUR  OWN  LAWYER, 


503 


PAGE 

Several  forms  of  business  letters 


are  given  on  page .  194 

Letter  of  Credit .  192 

Definition  of . 192 

General  and  special  letters .  192 

Foirms : 

General  letter  of  credit  with 

guaranty .  193 

Special  letter  of  credit .  193 

Libel  and  Slander  .  194 

What  is  a  libel  ? .  194 

Wliat  is  slander? .  195 

Difference  between  libel  and 

slander . .  195 

License .  195 

What  is  a  license  ? .  195 

Licensing  peddlers  and  commer¬ 
cial  travellers .  195 


Fees  oi  license _ 195,  196,  197,  198 

The  laws  of  all  the  States  rela¬ 
tive  to  license  are  given  on 

pages . 195,  196,  197,  198 

Liens .  198 

What  is  a  lien  ? .  198 

Mechanic’s  liens .  199 

Maritime  liens .  199 

Liens  of  parties  furnishing  ma 

te  rials .  199 

Liens  of  inn-keepers,  tailors, 
common  carriers,  brokers,  etc.  199 
The  laws  of  each  of  the  States  and 
Territories  relative  to  liens  are 
given  on  pages  199,  200,  201, 

202,  203,  204,  205,  206,  207 


Limitations .  207 

The  limit  within  which  a  debt 

can  be  collected .  . .  207 

Partial  payment  revives  a  debt.  207 
Acknowledgment  of  a  debt  in 
writing  revives  it.  . 207 


The  laws  of  each  of  the  States 
and  Territories  relative  to  limi¬ 
tation  of  actions  are  given  on 
pages.. 208,  209,  210,  211,  212, 

213,214,  215 

Logs,  Table  for  measuring  . ,  457,  458 
Marriage,  Dower,  and  Rights 


of  Married  Women . 215 

What  constitutes  marriage.  ...  215 

Promises  to  marry. .  215 

Marriage  contracts . 216 

Age  of  consent  in  males . 216 

Age  of  consent  in  females . 216 

Marriage  void  before  age  of  con¬ 
sent . 216 


PAGE 


Force  or  fraud  will  set  aside 

marriage .  216 

Other  causes  rendering  mar¬ 
riages  void . 216 

Who  may  perform  the  marriage 

ceremony .  216 

Certificates  of  marriage .  215 


The  laws  of  each  of  the  States 
and  Territories  relative  to  the 
rights  of  married  women  will 
be  found  on  pages.. .  .218,  219, 

220,  221,  222,  223,  224,  225,  226, 

227,  228,  229,  230,  231,  232,  233, 

234,  235,  236,  237 

Forms  : 


Marriage  liceuse  . 238 

Marriage  certificate . 238 

Marriage  settlement . 238 

Settlement  of  jointure  instead  of 

dower  .  240 

Articles  of  separation .  240 

Master  and  Servant .  241 

Definition  of  an  apprentice . 241 

Contract  of  apprenticeship .  242 


Parent  or  guardian  must  consent  242 
Master  must  instruct  apprentice  242 
Can  not  dismiss  an  apprentice..  242 
Apprentice  must  obe}7  master  . .  242 
How  an  apprenticeship  may  be 


terminated .  242 

Servants .  242 

Who  are  servants . 242 

Contracts  with  servants .  242 


If  servant  leaves  before  his  time 
is  up  can  not  recover  his  wages  243 
Master  liable  for  injuries  caused 

by  servant’s  carelessness . 243 

Causes  for  which  servants  may 

be  dismissed .  243 

Foirms : 

Indenture  with  consent  of  father  243 
Indenture  with  consent  of  moth¬ 
er . 244 

Indenture  with  consent  of  guar¬ 
dian  .  244 

Contract  of  apprenticeship  ap¬ 
proved  by  Carriage  Builders’ 

Association .  245 

Mechanics .  245 

Should  understand  bow  to  draw 

contracts .  216 

Importance  to  them  of  lien  laws  246 
Meetings  (Public),  How  to  con¬ 
duct  .  435-450 

Merchants . 246 


504 


now  TO  BE  TOtTR  OWN  LAWYER. 


PAGE 


Should  understand  the  law  rela¬ 
tive  to  collection  of  debts .  246 

Duties  as  arbitrators .  246 

Special  law  topics  in  which  they 

are  interested .  246 

Mining  Laws . 246 

Laws  relative  to  mineral  lands. .  246 
Mineral  lands  belonging  to  the 
United  States  open  to  all  citi¬ 
zens . 246 

Rights  of  locators .  .  246 

Limits  of  mining  claims . 246 

Rules  as  to  tunnels .  246 

Regulations  of  miners .  247 

Records  of  claims .  247 

Filing  description  of  claim . 247 

Securing  patent .  247 

Adverse  claimants .  247 

Placer  mines . . 247 

Veins  or  lodes  in  placer  claims . .  247 

Two  veins  crossing  . 248 

Two  veins  uniting . 248 

Water  rights .  248 

Regulations  of  mining  camps. . .  248 


The  laws  of  each  State  and  Ter¬ 
ritory  relative  to  mining  are 
given  on  pages. .  .248, 249,  250,  251 

Forms : 

Notice  of  location.  .  251 

Request  for  survey .  251 

Application  for  a  patent .  252 

Proof  of  posting  notice  and  dia¬ 
gram  of  claim . 253 

Proof  that  plat  and  notice  re¬ 
mained  posted  on  claim  dur¬ 
ing  publication . 254 

Affidavit  of  five  hundred  dollars 

improvement . 254 

Statement  and  charges  of  fees..  255 

Affidavit  of  citizenship .  255 

Non-mineral  affidavit .  255 

Notice  of  location . 256 

Notice  of  location  of  a  mining 

claim .  256 

Claim  of  water  right .  257 

Proof  of  labor . 257 

Form  of  claim  of  water  for  mill 

purposes . 257 

Minor .  257 

Who  are  minors  .  257 

Minors  can  not  make  contracts 

except  for  necessaries .  253 

Void  and  voidable  contracts. . . .  258 

What  are  necessaries .  258 

Minor  liable  for  frauds  and  torts  258 


PAGB 


Can  not  will  real  property  till  he 

roaches  the  age  of  21 .  258 

Money,  Results  of  small  savings..  487 

Mortgages . 258 

What  constitutes  a  mortgage. . .  253 

Mortgage  of  real  property  . 259 

Different  kinds  of  mortgages  . . .  259 
Mortgage  must  be  acknowledged 

and  recorded .  259 

Power  of  sale . 259 

Assignment  of  mortgages . 260 

How  a  mortgage  is  discharged . .  260 
Two  mortgages  on  same  prop¬ 
erty  . 260 

Who  pays  for  drawing  mortgage  260 

Chattel  mortgages  . 260 

Must  be  filed .  260 

Forms : 

Short  form  of  mortgage . 261 

Mortgage  to  secure  note .  262 

Mortgage  with  interest  and  in¬ 
surance  clauses .  262 

Mortgage  on  lease . 265 

Mortgage  for  purchase-money. .  266 
Mortgage  to  secure  endorser. . . .  266 

Satisfaction  of  mortgage  . 267 

Mortgage  on  goods  and  chattels  267 

Nails,  Sizes  of . 468 

Number  to  the  pound .  491 

Naturalization .  269 

Conditions  of  naturalization  ...  269 
Rights  of  naturalized  citizens. . .  269 
Not  eligible  to  office  of  Presi¬ 
dent  or  Vice-President . 269 

How  to  proceed  to  become  nat¬ 
uralized . 269 

Forms  : 

Declaration  of  intention .  270 

Certificate  of  clerk .  270 

Oath  of  applicant .  270 

Proof  of  residence .  2 TO 

Certificate  of  citizenship . 271 

Newspapers . 272 

Law  relative  to  libel . 272 

Difficulty  of  conviction  of  libel  .  272 

Notes . 272 

Paper,  Names  and  dimensions  of 

various  kinds .  464 

Amount  required  to  make  a  book 

any  size . 465 

Parent  and  Child .  272 

Duties  of  parents .  272 

Father  must  support  child .  273 

Parent  not  liable  for  wrongful 
acts  of  child . 273 


HOW  TO  BE  YOTJR  OWN  LAWYER. 


505 


PAGE 


Parent  not  compelled  to  educate 

child . ^  273 

Parliamentary  Practice  —  435-450 
Population  of  Principal  Na¬ 
tions .  472 


Of  every  State  aud  Territory.  . . .  484 

Partition .  309 

Definition  of  partition .  309 

Voluntary  partition .  309 

Compulsory  partition .  309 

Partnership .  .  273 

What  constitutes  a  partnership.  273 
General  and  special  partners. ...  273 
Individual  liability  of  partners. .  273 

Liability  of  special  partner . 274 

No  writing  necessary  to  consti¬ 
tute  partnership . 274 

How  partnerships  may  be  ter¬ 
minated  .  274 

Joint  stock  companies .  275 

Forms : 

Articles  of  copartnership . 275 

Articles  of  copartnership  in  com¬ 
mission  business . 276 

Limit  of  amount  to  be  drawn  out 

by  partners .  277 

Provision  that  after  a  dissol  ution, 
retiring  partner  shall  not  carry 
on  same  business  or  disclose 

secrets  .  278 

Advertisement  of  dissolution. . .  278 
Advertisement  of  a  partner’s  re¬ 
tiring . 278 

Certificate  of  formation  of  limit¬ 
ed  partnership  under  laws  of 

N.  Y.  State . 279 

Affidavit  of  p  yment  of  capital.  279 

Patents  . .  279 

What  is  a  patent .  279 

Rules  of  practice .  279 

Assignment  of  patents . 280 

How  to  obtain  a  patent .  280 

Who  may  obtain  a  patent .  281 

Application .  282 

Petition .  283 

Specification . 283 

Oath  aud  drawings .  285 

Model . 288 

Rejections  and  references .  289 

Designs .  290 

Reissues .  291 

Interferences .  292 

Date,  duration,  and  form  of 

patent . .  293 

Caveats .  295 


PAGE 


Assignments .  297 

Office  fees . 297,  298 

Forms : 

Petition  by  a  sole  inventor . 299 

Petition  by  an  administrator.. . .  299 

Petitiou  by  an  executor . 300 

Petition  for  a  reissue .  300 

Petition  for  a  patent  for  a  design  300 

Form  of  caveat .  300 

Specification  for  an  improvement 

in  the  steam-engine . 301 

Oath  by  a  citizen . 301 

Oath  by  an  alien .  302 

Specification  for  a  design . 302 

Amendments  to  specification. . .  303 
Appeal  to  examiuer-in-chief . . . .  303 

Appeal  for  a  reissue .  303 

Oath  to  application  for  reissue.  303 

Disclaimer  of  the  patent .  304 

Payment  and  Tender .  . .  304 

What  is  a  payment  ? .  304 

What  is  legal  tender .  304 

Payment  by  note  .  304 

Payment  by  checks . 305 

Receipt  evidence  of  payment. . .  305 
Payment  to  an  attorney  or  agent  305 

Tendering  pay  inert .  .  305 

Receipt  can  not  be  insisted  upon  305 

Tender  stops  interest .  305 

Pensions . 305 

Who  are  entitled  to  pensions....  305 

Amount  allowed .  306 

Army  pensions .  307 

How  to  pr  cure  pension .  309 

Personal  Property .  309 

What  is  personal  property .  309 

Who  inherits  personal  property  310 
Buildings  erected  by  tenant,  by 
consent  of  owner,  are  personal 

property ...  . 310 

Growing  crops  are  personal 

property .  310 

Power  of  Attorney .  48 

Forms : 

Short  form  of  power  of  attorney  48 

Power  to  collect  debts .  48 

Power  to  sell  and  convey  lands.  49 

Power  to  receive  dividends .  49 

Power  to  mortgage  lands .  49 

Power  to  sell  or  transfer  stock. .  50 

Power  to  carry  on  busiuess .  50 

Power  to  vote . 50 

Revocation  of  power  of  attorney  50 

Power  of  Attorney .  310 

Pre-emption  Laws .  310 

Rights  given  settlers .  310 


506 


HOW  TO  BE  YOUR  OWN  LAWYER. 


PAGE 


What  lands  can  he  pre-empted. .  310 

How  to  pre-empt  land .  810 

Who  may  pre-empt . 310 

Forms : 

Declaratory  statement . 312 

Affidavit  required . 312 

Cash  application .  313 

Application  for  homestead . 314 

Affidavit  required  of  homestead 

claimant. .  314 

Commuted  homestead  affidavit.  315 

Adjoining  farm  homestead .  316 

Soldiers’  homestead  declaration  318 
Soldiers’  homestead  application  318 

Timber  culture  application . 319 

Timber  culture  affidavit . 319 

Desert  land  declaration . 320 

Desert  land  affidavit .  320 

Timber  and  stone  lands .  321 

Presidential  Vote  from  1824 

to  1885 .  468,  469 

Presidents  of  the  U.  S .  470 

Printers’  and  Publishers’  Ta¬ 
ble  of  paper  requited  to  make 

a  book . 465 

Promissory  Notes . 322 

Public  Meetings,  How  to  eon- 


Real  Property . 322 

What  is  real  property  . . 322 

Growing  crops  of  owner  of  lands 

are  real  property .  322 

Manure  real  property .  322 

Receipts  and  Releases .  322 

What  is  a  receipt . 322 

A  receipt  not  conclusive  evi¬ 
dence  of  payment .  322 

Receipts  in  full  .  323 

Receipts  as  evidence . 323 

Releases  ...  323 

Difference  between  a  receipt  and 

a  release .  323 

Releases  should  be  under  seal. .  323 
Forms : 

Receipt  for  money . 323 

Receipt  for  chattels .  323 

Receipt  for  papers .  324 

Receipt  for  cash  payment . 324 

Receipt  for  deeds  to  be  kept  and 

restored .  324 

Receipt  for  money  paid  by  a 

third  party .  324 

Receipt  for  a  quarter’s  rent . 324 

Receipt  for  interest  on  bond. . . .  325 

Receipt  for  payment  of  profes¬ 
sional  services .  325 


PAGB 


Receipt  for  stock  put  out  to  win¬ 
ter  . 326 

General  release  of  all  demands. .  326 

Mutual  general  releases .  326 

Release  to  his  guardian .  327 

Release  by  one  partner .  327 

Release  of  a  trust . 327 

Release  of  dower  to  heir .  828 

Special  release . 328,  829 

Release  from  lien  of  judgment. .  330 

Recovery  of  Debts .  330 

Arrest  abolished  in  many  States.  330 

Imprisonment  for  fraud .  330  **** 

Writs  of  attachment .  330  — 

Garnishee  and  trustee . 330 


The  laws  of  each  of  the  States 
and  Territories  relative  to 
attachment  for  debt,  and  the 
garnishee  and  trustee  pro¬ 
cess  are  given  on  pages  331, 

332,  333,  334,  335,  336,  337, 

338,  239,  340,  341,  342,  343, 

344,  345,  346,  347,  348,  349, 

350,  351,  352,  353,  354,  355, 

356,  357,  358,  359,  360,  361, 

362,  363,  364,  365,  366,  367 
Rights  of  Married  Women.  .215,  367 
Seed,  Quantity  required  to  plant 


an  acre .  462 

Servants  (see  Master  and  Servant)  241 

Shipping .  367 

Entering  and  discharging  cargo.  367 

Manifests . 367 

Name  and  description  of  vessel.  367 

List  of  crew . 367 

Registry  and  clearance  papers. .  367 

Tonnage  duty .  367 

Forms  of  shipping  articles,  368, 

369,  370 

Slander .  195 

Square  Corner,  To  lay  off .  477 

Square  Miles  of  each  State  ....  485 

Steel,  Weight  of  lineal  foot .  491 

Steel,  Weight  of  one  foot  of  bar. .  492 

Subscription  Papers .  370 

How  to  make  them  valid . . .  370 

Consideration  must  be  stated. . .  370 
Forms : 

Subscription  for  a  building .  371 

Subscription  for  the  support  of 

a  clergyman . 371 

Testimonial  to  a  retiring  Sunday- 

school  superintendent .  371 

Surveyors,  Table  for  use  of  in 

measuring  laud .  460 

Table  showing  number  of  days 


HOW  TO  BE  YOUR  OWN  LAWYER. 


507 


PAGE 


from  given  date  in  one  month  to 

same  date  in  any  month .  463 

Tacks,  Number  to  a  pound . 491 

Tenants .  176 

Territories,  Area  and  organiza¬ 
tion . 486 

Timber,  Table  for  measuring .  456 

Timber,  To  measure .  478 

Trade-Marks .  372 

What  is  a  trade-mark .  372 

Violations  of  trade-marks .  372 

Dishonest  trade-marks .  372 

How  to  register  a  trade-mark. . .  372 
Registration  of  prints  and  labels  373 
Forms : 

Form  of  application  for  registra¬ 
tion .  374 

Form  for  a  corporation .  374 

Trespass  .  375 

What  constitutes  a  trespass. . . .  375 
When  an  action  for  trespass  may 

be  brought .  375 

Trespass  on  real  property .  375 

Trusts  and  Trustees .  375 

What  is  a  trust .  375 

Objects  of  trusts .  375 

Express  trusts .  375 

Implied  trusts .  376 

Trustees .  376 

"Who  are  trustees .  376 

Appointment  of  trustees  by 

courts .  376 

Forms : 

Declaration  of  trust  in  personal 

property . 376 

Declaration  of  trust  in  lands. . . .  376 
Deed  by  the  trustees  of  a  relig¬ 
ious  corporation .  377 

Petition  or  trustees  for  leave  to 
sell  real  property  of  a  society.  378 
Deed  conveying  trust  for  sup¬ 
port  of  grantor’s  parents . .  379 

United  States  Census . 485 

Vital  Statistics  of  large  cities..  473 
Votes  for  President,  1824  to 
1885  .  468 


PAGE 


Votes  (Electoral)  of  each  State..  470 

Voters .  381 

Who  can  vote .  381 

Laws  of  different  States  relative 

to  voters .  381 

Length  of  time  one  must  live  in 

a  State  before  voting .  381 

Disqualitication  of  voters .  381 

Ward  (see  Guardian  and  Ward)..  147 

Warranty .  381 

Two  kinds  of  warranty .  381 

Express  guaranty .  381 

Implied  guaranty .  382 

Weights  and  Measures .  479 

Wills . .  382 

Nature  of  a  will .  382 

Who  may  make  wills .  382 

Number  of  witnesses  required...  382 

Gift  of  real  property .  382 

Gift  of  personal  property .  382 

Nuncupative  wills .  383 

Bequest  in  lieu  of  dower .  383 

Codicils .  383 

Drawing  wills .  383 

Forms : 

Will  of  both  real  and  personal 

estate .  384 

Codicil  to  a  will .  386 

Short  form  of  will .  386 

Legacy  of  furniture .  386 

Legacy  of  debt .  387 

Beque-t  of  jewels,  etc.,  to  wife.  387 
Bequest  of  the  good-will  of  a 

business .  388 

Legacies  to  children .  388 

De\ise  of  house  and  lands  to  son  388 
Devise  to  executors  in  trust. . . .  389 
Directions  to  executors  as  to 
winding  up  testator’s  partner¬ 
ship  business .  390 

Clause  concerning  disputes  . . .  390 

Window  Glass,  Number  of  lights 

per  box .  490 

Years,  Important  Events  occur¬ 


ring . 493,  494,  495,  496 


EVERYBODY'S  Pflip-B00K 

IS  THE  TITLE  OF  A  NEW  WORK  ON 

INDOOR  AND  OUTDOOR  PAINTING, 

Which  should  find  a  place  in  every  household  in  the  land.  It  is  desigued  to  teach 
people  how  they  may  do  their  own  painting  and  save  the  expense  of  a  professional 
painter.  Full  directions  for  mixing  and  applying  paints  are  given.  It  also  tells  all 
about  Varnishing,  Polishing,  Staining,  Paper-Hanging,  Kalsominiisg,  etc.,  as 
well  as  how  to  Renovate  Furniture  so  that  it  will  look  as  good  as  new.  It  tells  all 
about  House  Cleaning  and  putting  things  to  rights  so  far  as  they  can  be  done  by 
Paint  and  Kalsomine.  Many  useful  hints  on  Artistic  Work  for  Home  Decoration 
are  given. 

PAINTING  FARM  IMPLEMENTS. 

Full  directions  are  given  for  painting  all  kinds  of  farm  implements,  with  a  list  of 
best  colors  to  use. 

PT  FT  AISJTWr;  HOTTQFT  Under  this  head  full  directions  are 
^  ^  1—^  n  IN  1 VJ  1 1  V/  U  O  L# .  given  for  mixing  and  applying  kalso¬ 
mine  to  ceilings  and  walls.  It  also  tells  how  to  make  and  use  stencils  for  ornamenting 
ceilings.  Gives  detailed  directions  for  paper-hanging,  so  that  every  one  can  paper  a 
room  successfully.  Tells  how  to  make  damask  walls,  etc.  Tells  how  to  paint  a  kitchen 
or  chamber  floor,  varnish  oil-cloth,  paint  the  front  door,  varnish  rustic  work,  restore 
chromos  and  oil  paintings,  renovate  picture  frames,  clean  marble,  etc. 

PAINTING  OUTBUILDINGS. 

applying  paint  to  outbuildings,  fences,  etc. 

DA  T  TvT  nr  T  M  P  P  Tells  how  to  paint  both  tin  and  shingle 

*  IN  A  liVvJ  \J  £  O,  roofs,  and  what  roofs  are  most  durable. 


PAINTING  FARM  WAGONS 

farm  wagons  are  given,  including  mixing  and  the  colors  best  to  use. 


CARRIAGE  PAINTING. 

riages,  showing  each  step  in  the  work,  are  given. 


Precise  and  detailed  directions 
for  painting  buggies  and  car- 


HOME  DECORATIONS. 

popular  Spatter  Work  are  given.  Ladies  take  great  delight  in  this  work,  and  many 
beautiful  pictures  can  be  made. 

It  tells  how  to  Polish  a  Piano  or  Organ,  how  to  imitate  Ground  Glass,  how  to  make 
paint  for  Black-Boards,  Stain  tor  Oak  Graining,  Mahogany  Stain,  Rosewood  Stain, 
etc.  Also  tells  about  Gilding,  Bronzing,  Silvering,  and  Lacquering. 

The  book  contains  a  large  number  of  illustrations,  and  is  handsomely  bound  in 
extra  cloth,  with  ink  and  gold,  and  will  be  sent  to  any  part  of  the  country  on  receipt 
of  price,  $1 ,00.  Agents  wanted.  Address 

M.  T.  RICHARDSON,  Publisher, 

27  New  Chambers  Street,  New  York. 


